Chris

The logical extension of your argument is that a data controller should always disclose information which it is argued is necessary for the purposes of an investigation, because the data controller is not competent to judge whether it is indeed necessary. That cannot be right.

The (uncontroversial) Bangura judgment is here by the way https://inforrm.files.wordpress.com/2016/09/bangura.pdf

Jon Baines,
Chair,
nadpo.co.uk

On 23 Sep 2016, at 13:51, Chris Brogan <[log in to unmask]> wrote:

I recognise the concerns that people have with regard to releasing personal data under sect 29 but can I repeat what I have said to this group over the years that I have enjoyed and learned from these postings.
An investigation has a momentum all of its own and any delay can have adverse consequences on the outcome of that investigation. I suggest that a Data Controller does not necessarily have the experience/skill/substitute your own word to decide if not supplying the information requested would have an adverse effect on the outcome of the investigation. That tiny innocuous piece of information that you have which is not "literally a life-or-death emergency", could trigger a new line of enquiry which could prove crucial to the outcome of the case.  
 The DPA does not require that a section 29 request be in writing. A recent judgement Bangura v Loughborough University EWHC 1503 QB 19th May 2016 addresses the subject of releasing  personal data under sect 29 without a written request.
If any of you have difficulty downloading a copy of that judgement let me know and I will send it to you.

Chris Brogan

On Thu, Sep 22, 2016 at 12:23 PM, Rowenna Fielding <[log in to unmask]> wrote:
I encounter the "safeguarding trumps DPA" mentality a lot, and I feel it's a basic misunderstanding of DPA. They work together, not in conflict and one does not cancel out the other.

You should definitely stand your ground for a s.29 written request from the police to preserve the audit trail of disclosure - unless it's literally a life-or-death emergency, there shouldn't be any justification for not doing things properly.

(That said, I would take advice from an employment lawyer if you are planning to give the police anything subjective; e.g. about performance, complaints, etc, rather than facts about name, role description, dates of employment, any pre-employment vetting)

That's my 2p

Rowenna


On 22 Sep 2016, 11:36 +0100, Stu Ashton <stuart.ashton@alternativefuturesgroup.org.uk>, wrote:
Hi

Looking for a little bit of advice around sharing third person information (specifically staff information) with the police around safeguarding investigations. Also this only relates to Adults, luckily we don't support any children.

The issue is that we make a referral to the police to investigate a safeguarding incident about someone we support which we believe has been a criminal incident. As part of this investigation the police request information about a staff member we employ and who is believe to be involved in the crime.

Now I feel that the police still need to make a section 29 request when asking for information relating to our staff, documenting what information they specifically require and why. Our safeguarding lead believes that the police do not need to make a written request and that safeguarding trumps Data Protection Act when the police are investigating a crime that has taken place in relation to safeguarding incident. In effect we hand over whatever the police ask for without question.

I am not trying to hamper police investigations i just want to make sure we are going through the right processes and comply with Data Protection.

Any advice on this would be greatly appreciated.

Thanks
Stu

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