Print

Print

Dear All,

I have come across the following link, which illustrates the issue in my subject line.

http://www.tradingstandards.gov.uk/extra/news-item.cfm/newsid/840 

 

The Trading Standards Institute publish the outcomes of cases involving convictions for trading standards laws.  If a Council wanted to process something similar (either as a press release or a similar webpage) would it be able to do that in accordance with the DPA?

 

Now, my question is this: Is this processing in accordance with the DPA? [I am only using the TSI to illustrate the point rather than try to show they have done something wrong with the DPA.] 

 

My view is that it is justified.

First schedule 2 is met (Condition 6) and potentially (Condition 5).

 

Schedule 3 is met because of the statutory instrument Processing sing of sensitive personal data order 2000 SI 2000 No. 417.  In particular article 3  (1) b  would be covered by the  provisions of the DPA regarding the public interest to protect the public from such things as unlawful acts, dishonesty, malpractice.)

 

It is done for (c) the special purposes as defined in section 3 of the Act (This refers to the purposes of journalism).  The Data Controller would then need to be registered for the purpose of journalism, which would authorise this processing.

 

In sum, the overriding public interest in protecting the public and reassuring them about the efficacy of the law applies and it is done with the judgement of the court rather than the background evidence (in other words it is proportionate). It also fits the special purpose of the Act.

 

If the TSI (or anyone else was not registered for the purposes of Journalism) then would the Statutory Instrument still apply?  Or does the TSI, for example, have an exemption because of its regulatory function?

 

Is my logic sound or have I missed something that would simplify this approach?   I would be grateful for any advice or guidance on how you would approach this issue.

 

Thanks,

 

Lawrence

 

 

 

 

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 01 June 2012 09:43
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure to the Police

 

Blimey.

 

I doubt they could hang an offence on him though. The relevant elements of the s55 offence are

 

knowingly, or recklessly

without the consent

obtain or disclose the data

 

The staff member handed the file over, and that would surely be held to be with consent (even though there might have been some jiggery-pokery on behalf of the officer).

 

But a strongly-worded complaint should wing itself to the Chief Constable. Authority might want to consider some sort of Order to require return of file, and inform data subject so they can take appropriate steps.

 

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Powell, Andrew
Sent: Thursday 31 May 2012 17:11
To: [log in to unmask]
Subject: [data-protection] Disclosure to the Police

All,

 

I would appreciate the opinions of contributors to the list on the scenario below:

 

A public authority receive a request for the Police for the social services file of the victim of a crime.  The accompanying documentation provides no reason for the necessity of disclosure beyond stating that the CPS required sight of the file and that it was necessary for that purpose.  The request is for the entirety of the data subject’s social services file.

 

The authority replies asking for more information as to precisely how the investigations would be prejudiced in the absence of the disclosure of this information.  The Police’s response reiterates that they were acting on behalf of the CPS and that they were trying to ascertain whether the file contained any material that might call the data subject’s credibility as a witness into question – examples given are evidence of lying or making false allegations.  When asked as to why it was necessary to disclose the file in its entirety, the Police state that they wouldn’t know what they were looking for until they saw it and so needed to have sight of everything.

 

The authority don’t consider this an adequate response and are considering how to proceed.  Meanwhile, the Officer in question arrives at the premises unannounced, tells counter staff that it is standard practice for the authority to disclose this and takes a copy of the file.

 

Obviously, the member of counter staff errs in simply handing over the requested information.  Grateful for anyone’s thoughts as to the conduct of the officer in question though, and in particular whether they might be guilty of a s.55 offence.

 

Kind regards,

 

Andrew



IMPORTANT:
Confidentiality: This email and its attachments are intended for the above named only and may be confidential. If they have come to you in error you must take no action based on them, nor must you copy or show them to anyone. Please reply to this email and highlight the error.

Please visit the Council's website at: www.wandsworth.gov.uk

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

Follow Us Follow Us  Tweet Us Tweet Us  Watch Us Watch Us

Olympics 2012 Olympics 2012

Buckinghamshire County Council

Visit our Web Site : http://www.buckscc.gov.uk

Buckinghamshire County Council Email Disclaimer

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask] immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail. All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation. 

The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.

This footnote also confirms that this email has been swept for content and for the presence of computer viruses.


 

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)




Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)