see:
R v (1) ANDREW GLEN COLE (2) PAUL ANTHONY SLOCOMBE (2001) at Chichester Crown Court
These two directors of a company whose employees had dishonestly obtained personal data were convicted because whilst
the court accepted that the directors didn't know what the employees were doing the court held that they should have known.
More a S61 offence(?), but in the right arena - the employees committed the S55 offence
http://www.oscura.co.uk/show_news.asp?news_id=9
Roland Perry <[log in to unmask]>@JISCMAIL.AC.UK> on
15/10/2004 08:09:48
Please respond to Roland Perry <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
To: [log in to unmask]
Subject: [data-protection] Unlawful obtaining of Personal Data
As it's Friday - are there any well known prosecutions under s55
"Unlawful obtaining of Personal Data"?
Might it be useful for this to be more widely quoted at people
attempting "fishing expeditions" upon unwary Data Controllers?
Or is it a complete defence to have duped the Data Controller into
consenting (even if the Data Controller is then guilty of a different
offence)?
http://www.hmso.gov.uk/acts/acts1998/80029--h.htm#55
--
Roland Perry
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