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DATA-PROTECTION  July 2012

DATA-PROTECTION July 2012

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Subject:

Re: When a bailiff takes a computer

From:

"Baines, Jonathan" <[log in to unmask]>

Reply-To:

Baines, Jonathan

Date:

Thu, 5 Jul 2012 11:24:43 +0100

Content-Type:

text/plain

Parts/Attachments:

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text/plain (85 lines)

Those are very good questions to which I'd like to hear the answer!

As I understand it "non-certificated" bailiffs can't seize goods necessary for business use, but those certificated by a Mags court can.

And I agree that your scenario adds further force to the argument in favour of encryption of all personal data.

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681


-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: Thursday 05 July 2012 10:53
To: [log in to unmask]
Subject: [data-protection] When a bailiff takes a computer

Morning all,

I've just been asked about the following situation.

If a bailiff were to take a PC which had client/customer details stored in
it:
    *    Is any offence being committed in the bailiffs accessing the data? 
Or selling it on?
    *    What can the client do, to get that data back?

I have no idea whether the database copyright regulations would apply here, or what rules apply to bailiffs, but from a Data Protection point of view I can't see how the bailiff would be able to comply with Principles 1 and 2.

And if they were able to access the data without a password/encryption key then the owner of the PC is probably in breach of Principle 7.

Any other thoughts?

Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB

For continuous priority support on Data Protection, sign up to my support
service:
www.paulticher.com/data-protection-services

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