Hi
No argument here, save that you do not have to mention Section 29 (3) as
we all know that 29 (3) is exercised by the Data controller.
The key is that, as David comments, the request is for one of the
"stipulated" purposes and the requestor has the necessary statutory
powers to cause the data controller to consider S29 (3).
I, for one would always ask "what powers".
Section 29 (1) (a) the prevention or detection of crime - So RSPCA what
powers are you using which permits access to such information?
Section 29 (1) (b) the apprehension of prosecution of offenders - So
RSPCA what powers are you using which permits access to such
information?
Section 29 (1) (c) the assessment or collection of any tax or duty etc
etc - So RSPCA what powers are you using which permits access to such
information?
Section 29 (2) same applies
Section 29 (3) as Data Controller, I consider 29 (1) and (2) and whether
the request satisfies me that the "stipulated" or proposed purposes meet
29(1), and etc etc.
I will give you an example (not a formal request)
Dear Person,
Please send to me personal data about A N Other because that person may
have broken the law.
Signed
The RSPCA
And Person, not knowing who I am or the purposes will probably respond -
So What powers are you relying upon to enable me to exercise my
judgement under S29 (3)?
If the data controller says no, the Person would probably need to rely
upon a court order to extract the data from the Data Controller.
Paul
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 30 January 2008 11:30
To: [log in to unmask]
Subject: Re: [data-protection] RSPCA Section 29
I believe David is absolutely spot on.
It is simply a question for the Data Controller. And under s29 even if
satisfied that the conditions are fulfilled he can still say no, and the
applicant has no comeback.
If the applicant can legally REQUIRE the information s35 is more
relevant
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of davidwyatt
Sent: 29 January 2008 22:13
To: [log in to unmask]
Subject: Re: [data-protection] RSPCA Section 29
My view
If you take the DPA as it is written it is arguable that anyone can make
a s29 request as long as the reason for the request is for one of the
stipulated purposes. The request should be in writing and declaring the
purpose the data is being sought. A written request is desirable as it
supports the person disclosing by way of evidence that they received a
request declaring the intended purpose.
The assessment of the request and disclosure is under the control of the
data controller and as long as the controllers employee is following
their organizations policies and has a reasonable belief that the data
will be used for declared purpose they can safely make the disclosure.
There is no requirement on the face of the Act to only disclose to those
who have any statutory powers in respect of the purposes defined in
section 29. This is simply an interpretative or policy decision on the
part of any data controller.
Id be interested in hearing others views.
David Wyatt
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 29 January 2008 10:13
To: [log in to unmask]
Subject: [data-protection] RSPCA Section 29
Can the RSPCA make a Section 29 Request to our legal department ? They
have no Section 29 form and asked us to send them ours completed.
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