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Chris,

I am going to disagree with my colleagues. I don’t think you are overthinking it. I would be concerned if the police made this request. Why? It suggests that your system, on the basis of a s.29 request, will be turned into a police monitoring system. 

 

I can see a s.29 request to disclose, if you hold the information. However, I do not see the basis for creating an if/then system. What this would mean is that the s.29 request remains open, in perpetuity, which strikes me as something that would not be in line with principle 3.

 

Moreover, the conditional nature of the request would appear as a way for the police to leverage their already vast statutory powers for data collection through s.29. I am not sure the exemption nor the DPA was designed to enable the police to create a de facto monitoring system. 

 

Please note that to process this s.29 you have to monitor your system every day. Thus, you would be processing data every day, running a scan on the system to see if the person has shown up on the system. Again, I would be concerned that this would not be in line with principle 3.

 

I am not aware of the language in the Act which indicates s.29 is an open ended request. It has always appeared to me, perhaps I have misunderstood it, that the exemption is specific, which means that it is based on the information held as an at the date of the request, not in the future potentiality.

 

Happy to find out if anyone else shares my concerns with s.29 being used to monitor your systems.  Please note that this is different from a designed or intended notification system like at the airport or other port where there is legislation in place for the police and other agencies to be informed of the entry of people on watch lists.

 

Best,

 

Lawrence

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Tinsley
Sent: 20 January 2015 15:26
To: [log in to unmask]
Subject: Missing person alerts in health systems

 

All

I have just had an interesting request from the police asking if they could be informed if someone registered as missing turns up for medical treatment.

If we ignore the issue of whether someone will have this information recorded on their record I find myself in a dilemma.

I would expect a missing person to be part of a legitimate investigation so would probably be happy to supply information for a section 29 request. However the request could only happen if I had already sent the police information that the missing person has turned up which I shouldn't  before receiving a section 29.

Does anyone know how/if this information could be provided? Is there something under PACE? Am I over thinking it?

Regards
Chris

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