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If Mr JP asked us for this we would tell him that if he believed a crime had taken place he should inform the police who would then submit a section 29 to us if they needed to. It is not up to JP to investigate crime and bring about charges. It is the job of a law enforcement body

Thanks

Brenda

Brenda Scourfield

Team Leader

I.T.

Pembrokeshire County Council

Swan House,

Swan Square,

Haverfordwest

SA61 2AN

01437 775380

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 08 November 2011 10:51
To: [log in to unmask]
Subject: [data-protection] s.29(3) summary of issue

Dear all,

Here is the issue summarized.

Mr. Joe Public writes to the police. He asks "I would like the contact details for Mr. X". They say, "on what grounds" Mr. JP says "I would like you to process this information under s.29(3)." They say, "please tell us the allegation or the crime which you which to prevent or address."

Mr. JP says, "I believe Mr. X, who is 105 and is bed ridden, is an axe murderer and has killed his neighbour 85 years ago and I need this information to bring him to justice."

Do the police, then write to Mr. JP and say "Here you go, Mr. X lived at 7 Axe Murder Row 85 years ago", or do they send a detective around to figure out what is going on?

I would hope the latter.

Now Mr. JP writes to Council XYZ. He asks "I would like the contact details for Mr. X" They say "on what grounds". Mr. JP says "I would like you to process this information under s.29(3). They say "Please tell us the allegation or the crime which you which to prevent or address."

Mr. JP says, "I believe Mr. X, who is 105 and is bed ridden, is an axe murderer and has killed his neighbour 85 years ago and I need this information to bring him to justice."

Does the Council, then write to Mr. JP and say "Here you go, Mr. X lives at 7 Axe Murder Row 85 years ago" or do they refuse the request* and contact the police to send a detective around to figure out what is happening?

* I would suggest that Council refuses the request because there is no grounds under schedule 3 to process the request. Mr. X is bedridden so is not threatening anyone. It is not clear which legal rights are being pursued. There is no clear administration of justice.

I would also suggest that because there is an allegation of a crime, Mr. X's contact details become sensitive personal information, which requires conditions from schedule 2 and schedule 3. I would also suggest, that the Council cannot meet any of the conditions in schedule to 3 to release the information to Mr. JP.

Best,

Lawrence

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