Many thanks for this Michael – that’s what I thought but nice to get confirmation.
Regards,
Doreen
From: Grimbaldus [mailto:[log in to unmask]]
Sent: 26 April 2013 18:38
To: Broom, Doreen; [log in to unmask]
Subject: Re: [data-protection] Jersey
I am a Jerseyman, so it's with pleasure that I reply.
The Data Protection (Jersey) Law 2005 states:
29 Exemption: crime and taxation (1) Personal data processed for any of the following purposes – (a) the prevention, detection, or investigation, anywhere of crime; (b) the apprehension, or prosecution, anywhere of persons who have committed an offence anywhere; ...
The operative words here appearing to be "anywhere" ... so the exemption applies in respect of crime committed on the mainland (that's England, Wales and Scotland to the rest of you).
Application to the Data Controller should be made under s29 of the Data Protection (Jersey) Law 2005.
M
On 26 Apr 2013, at 15:18, "Broom, Doreen" <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Hi – trying to pursue a fraud claim and the employers of the individual are based in Jersey. We have asked for details of his earnings under Section 35(1) but they have refused as they are not subject to UK laws and they gave their own DP Laws.
Could we therefore go in quoting the Section in their Act which refers to fraud or do we have to use our own Section 29 – however, in light of the above I cannot imagine they would give it to us.
Any views greatly appreciated,
Doreen
Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [log in to unmask]<mailto:[log in to unmask]>
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