Could Section 29 be used as the 'get out of jail' card in this instance, or
is it only for use by law enforcement professionals??
Paula Owen
-----Original Message-----
From: Sue Hagon (PLC) [mailto:[log in to unmask]]
Sent: 06 January 2004 11:14
To: [log in to unmask]
Subject: FW: [data-protection] DPA to blame agai n
As a Data Protection Act student (I take the ISEB exam next week) I would be
interested to get a legal perspective on this sorry story. Putting aside
the moral and emotional aspects, what actually is the situation under the
Act? My interpretation is that at the very least Principles 1 and 2 have
been breached. If the name and address were on the computer in connection
with prescriptions does it also form part of a medical record (in which case
there is also an expectation of confidentiality from a health professional).
Are there any "get out of jail free cards" which would justify disclosing
this information? Any thoughts would be appreciated.
Sue Hagon
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: 05 January 2004 16:31
To: [log in to unmask]
Subject: Re: [data-protection] DPA to blame agai n
What we are talking about here is yet another "excuse" for bad policing. But
bad policing is caused by bad source and application of funds. Some years
ago Sir Paul Condon said "We cannot prevent crime any more, only attend it."
It seems the budget for attending has now run out as well.
Love the 1988 act!
Now I cannot for the life of me see how any reasonable person (Clapham
Omnibus) could fault the shopkeeper for his actions. I CAN see how a
reasonable person could fault that police force.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Talbot Richard
Sent: Monday, January 05, 2004 4:20 PM
To: [log in to unmask]
Subject: Re: [data-protection] DPA to blame agai n
What did it say in the 1988 act ?
or is this another factual error from the main stream press.
> Richard Talbot
> Data Protection Adviser
>
> QinetiQ Ltd
> Bldg 59 Room 1
> Bincleaves Technology Centre
> Newtons Road
> Weymouth Dorset
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-----Original Message-----
From: Pounder Chris [mailto:[log in to unmask]]
Sent: 05 January 2004 15:51
To: [log in to unmask]
Subject: [data-protection] DPA to blame again
>
> The Sun (to-day) has another "data protection act" to blame story -
> read
from "Battered boss data farce"
>
By the way, our UPDATE sessions in London, Manchester and Glasgow (this
month) will be dealing with this case, B Gas and Humberside as well as the
fall-out from the Durant and Lord cases. E-mail me if you want details of
these sessions and I will send them to you.
> C
>
>
> Battered boss data farce
>
> By MIKE SULLIVAN
> Crime Editor
>
> A CHEMIST beaten unconscious in his shop did his own detective work to
nail the thug > -> but cops implied HE had broken the law.
>
> Brian Conn had managed to take the yob> '> s picture with a disposable
camera during the raid.
>
> Then he got a local school to put a name to the picture.
>
> Finally he found that the lad had once been a customer at his own
> pharmacy
> -> and called up his address on the shop computer.
>
> Armed with all the information the police could possibly need, he rang
them, only for the station to take 40 minutes to answer.
>
> Astonishingly, when at last he got through, a woman officer in the
> control
room said she could not take the details as they may breach the Data
Protection Act.
>
>
>
> Caught on film ... shopkeeper's snap of shop thug
>
>
> This supposedly makes it illegal to pass on information obtained from
> a
computer.
>
> That was three weeks ago > -> and the thug is STILL on the loose.
>
> Shocked Mr Conn, 40, said yesterday: > "> I phoned the police
> expecting
them to be grateful.
>
> "> But they made me feel like I had done something wrong. I felt dirty
> for
helping.> ">
>
> And the dad of two compared that response to one days earlier when he
> was
caught driving in a bus lane.
>
> He said: > "> I had a £50 fine. It took a mere three minutes to get
through and pay.
>
> "> Unless there is a fine to be had from a speed camera the police are
> not
interested in hearing from you.> ">
>
> Mr Conn> '> s ordeal started when a gang burst into his shop in
> Chadwell
Heath, Essex.
>
> They were shouting and fighting among themselves. One then hurled a
> case
of DVDs at the pharmacist.
>
> Mr Conn grabbed the attacker, hoping to hold on to him until cops
> arrived.
>
> He also snatched the camera from a display and snapped the thugs. But
> they
punched him to the ground and knocked him unconscious.
>
> The gang fled and Mr Conn dialled 999 when he came round > -> with
> police
arriving an hour after the assault.
>
> The victim said officers did not take a written statement but said
> they
would look out for the suspects. Next day Mr Conn developed his film and a
teacher recognised the yob as a 19-year-old local.
>
> Armed with a name, he searched his pharmacy> '> s computer records and
discovered the thug> '> s address.
>
> Mr Conn, from North London, said: > "> When I eventually got to the
control room the officer seemed surprised.
>
> "> She told me she couldn> '> t possibly accept the information
> because it
breached the Data Protection Act and it could affect the ability of the
police to get a prosecution.
>
> "> Her attitude was very shirty. I felt like I was doing wrong > ->
> when
I was the one who had been beaten unconscious.> ">
>
> The Metropolitan Police say the yob has not been arrested because they
have not been able to take a written statement from Mr Conn.
>
> Police also deny the victim was told he had breached data rules. A
> senior
officer said: > "> The officer simply pointed out if the case went to court
he would have to say where the details came from.> ">
>
> The 1988 Data Protection Act came under the spotlight when Humberside
> cops
said they dumped records of allegations against Soham murderer Ian Huntley.
>
> Mr Conn> '> s case caused uproar last night.
>
> Shadow Home Secretary David Davis said: > "> Many people are
> frightened of
violent attack > -> they do not live in fear of data protection rules.
>
> "> They would rightly expect police to prosecute violent criminals
> ahead
of those who may have broken data laws.> ">
>
>
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