Deep joy!
I am dealing with an instance of this at the moment. A small amount of data referring to an individual with the same name as the requestor was supplied in error (it having apparently been attached to the electronic file in error some years before the supply). The recipient has repeatedly declined to engage for its return (my client has offered to collect it).
Regards - Michael Bacon
Grimbaldus Limited
> On 19 Feb 2015, at 12:58, "Baines, Jonathan" <[log in to unmask]> wrote:
>
> Friday question on a wet Thursday…
>
> If someone obtains personal data in circumstances under which they acted in the reasonable but mistaken belief that they had in law the right to obtain it (for instance by saving it to a personal drive on a BYO device), but then retain it when it is clear they have not the reasonable belief that they have in law the right to retain it (i.e. they’ve been told to surrender it) can they be guilty of a s55 DPA offence?
>
> But more simply, can the meaning of “obtaining” in s55 be extended to “retaining”?
>
> I think not. But if I’m right, is this a lacuna in the law?
>
> (Or, maybe, was the obtaining “reckless”?)
>
> Jonathan Baines
> Information Rights Specialist
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