The flaw in that argument is that the Security Service, and HMRC and the Benefits Agency, have statutory powers relating to the prevention and detection of criminal offences like the Police but unlike your average PI whose bread and butter is catching cheating husbands or tracing bad debtors!
Lee
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: Tue 08 January 2008 09:43
To: [log in to unmask]
Subject: Re: [data-protection] Jeremy Clarkson comments
I disagree.
The exemption is for 'prevention and detection of crime' NOT for 'police investigations'.
For example, if your hypothesis was correct, the exemption wouldn't apply to the Security Service (who are civilians, Crown servants, and NOT part of the police or the government).
I think the statutory language is broad enough to cover a private investigator's request for data, as well as official police inquiries.
My construction may be wrong, of course.
[log in to unmask] wrote:
> Ah but that was the point I was making - surely it's the police who should receive such data as they are the ones empowered to prevent and detect crime, not Mr Clarkson who has no authority in that regard.
>
> Charles
>
>
> Professor Charles Oppenheim
> Head
> Department of Information Science
> Loughborough University
> Loughborough
> Leics LE11 3TU
>
> Tel 01509-223065
> Fax 01509 223053
> e mail [log in to unmask]
> -----Original Message-----
> From: Nigel Roberts [mailto:[log in to unmask]]
> Sent: 07 January 2008 19:21
> To: [log in to unmask]
> Cc: [log in to unmask]
> Subject: Re: [data-protection] Jeremy Clarkson comments
>
> Their comments are complete nonsense, IMO.
>
> Of COURSE they can disclose to Mr Clarkson the details. There is a particular exemption "prevention and detection of crime".
>
> What they mean is they don't want to, unless compelled.
>
> Which Mr Clarkson could do. (Norwich Pharmacal order), but he'd have to pay their (and his own) costs, which make it impractical for £500.
>
>
>
>
>
> [log in to unmask] wrote:
>> What the comment MIGHT mean is that that they cannot disclose *to Mr
>> Clarkson* the name of the person who did it, because there wouldn't
>> be an appropriate purpose for processing such data for Mr Clarkson,
>> but if the police asked, they would reveal the information because
>> that would be for the purpose of detection of crime.
>>
>> Anyway, I too am delighted that smug Mr Clarkson has lost 500 pounds,
>> though it would have been even better if it had gone to that
>> organisation that lobbies for reduced speed limits on the roads.
>>
>> Charles
>>
>>
>>
>>
>> Professor Charles Oppenheim
>> Head
>> Department of Information Science
>> Loughborough University
>> Loughborough
>> Leics LE11 3TU
>>
>> Tel 01509-223065
>> Fax 01509 223053
>> e mail [log in to unmask]
>>
>>
>>
>> ---------------------------------------------------------------------
>> ---
>> *From:* This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]] *On Behalf Of *Lawrence
>> Serewicz
>> *Sent:* 07 January 2008 17:53
>> *To:* [log in to unmask]
>> *Subject:* Re: Jeremy Clarkson comments
>>
>>
>> I hope that the following statement from the article is incorrect.
>>
>> "The bank cannot find out who did this because of the Data Protection
>> Act and they cannot stop it from happening again.
>>
>>
>>
>>
>> Is this not an example of using the data protection act for the wrong
>> reasons? In other words, if someone were to perpetuate a fraud, take
>> my identity, then surely the bank would be able to tell me who is
>> taking money out of my account.
>>
>> I understand in Mr. Clarkson's case he set himself up for this
>> situation, but how is this different from someone dumpster diving and
>> getting the necessary details?
>>
>> I think that the claim that the information cannot be released because
>> of data protection is wholly misguided. For example, if a bank
>> employee sets up the direct debit based upon having access to your
>> account surely it can be revealed without concern for "Data Protection."
>>
>> Hoping to be proven wrong.
>>
>> Best,
>>
>> Lawrence
>>
>>
>> Lawrence W. Serewicz
>> Policy and Partnership Manager
>> Corporate Development Unit
>> Wear Valley District Council
>> 01388-761-985
>> Ext. 311
>>
>>
>> *"Ward, Ciaran" <[log in to unmask]>* Sent by: This list is
>> for those interested in Data Protection issues
>> <[log in to unmask]>
>>
>> 07/01/2008 17:11
>> Please respond to
>> "Ward, Ciaran" <[log in to unmask]>
>>
>>
>>
>> To
>> [log in to unmask]
>> cc
>>
>> Subject
>> Re: [data-protection] Jeremy Clarkson comments
>>
>>
>>
>>
>>
>>
>>
>>
>> An interesting (not to mention amusing) piece which brings to public
>> attention the importance of data protection. And it couldn't have
>> happened a more smugly irritating individual.
>>
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]] On Behalf Of Clare Watts
>> Sent: 07 January 2008 16:53
>> To: [log in to unmask]
>> Subject: [data-protection] Jeremy Clarkson comments
>>
>> Hi, you've probably all already received this but if not, its worth a
>> read:
>>
>>
>> http://news.bbc.co.uk/1/hi/entertainment/7174760.stm
>>
>>
>> Regards,
>>
>>
>> Clare
>>
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask] All user
>> commands can be found at
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> Any queries about sending or receiving messages please send to the
>> list owner
>> [log in to unmask]
>> Full help Desk - please email [log in to unmask] describing
>> your needs
>> To receive these emails in HTML format send the command:
>> SET data-protection HTML to [log in to unmask]
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>> _____________________________________________________________________
>> _ This email has been scanned by the MessageLabs Email Security
>> System.
>> For more information please visit http://www.messagelabs.com/email
>> _____________________________________________________________________
>> _
>>
>> Lee Valley Regional Park Authority E-mail Disclaimer.... This email
>> and any files transmitted with it are confidential and intended
>> solely for the use of the individual or entity to whom they are
>> addressed. If you are not the intended recipient, the use of the
>> information by disclosure, copying or distribution is prohibited and may be unlawful.
>> If you have received this email in error please notify the systems
>> manager at [log in to unmask] The email should then be
>> deleted.
>> The views expressed in this message are personal and not necessarily
>> those of Lee Valley Regional Park Authority unless explicitly stated.
>> _____________________________________________________________________
>> _ This email has been scanned by the MessageLabs Email Security
>> System.
>> For more information please visit
>> <http://www.messagelabs.com/email>http://www.messagelabs.com/email
>> _____________________________________________________________________
>> _
>>
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>>
>> <http://www.messagelabs.com/email>http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask] All user
>> commands can be found at
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> Any queries about sending or receiving messages please send to the
>> list owner
>> [log in to unmask]
>> Full help Desk - please email [log in to unmask] describing your needs
>> To receive these emails in HTML format send the command:
>> SET data-protection HTML to [log in to unmask]
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>> ---------------------------------------------------------------------
>> ---
>>
>> All archives of messages are stored permanently and are available to
>> the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>>
>> Selected commands (the command has been filled in below in the body
>> of the email if you are receiving emails in HTML format):
>>
>> * Leaving this list: send */leave data-protection/* to
>> [log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE
>> data-protection>
>> * Suspending emails from all JISCMail lists: send */SET * NOMAIL/*
>> to [log in to unmask]
>> <mailto:[log in to unmask]&BODY=SET * NOMAIL>
>> * To receive emails from this list in text format: send */SET
>> data-protection NOHTML/* to [log in to unmask]
>> <mailto:[log in to unmask]&BODY=SET data-protection NOHTML>
>> * To receive emails from this list in HTML format: send */SET
>> data-protection HTML/* to [log in to unmask]
>> <mailto:[log in to unmask]&BODY=SET data-protection HTML>
>>
>> All user commands can be found at
>> http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the
>> *body* of an otherwise blank email to [log in to unmask]
>> <mailto:[log in to unmask]>
>>
>> Any queries about sending or receiving messages please send to the
>> list owner [log in to unmask]
>> <mailto:[log in to unmask]>
>>
>> (Please send all commands to [log in to unmask]
>> <mailto:[log in to unmask]> not the list or the moderators, and
>> all requests for technical help to [log in to unmask]
>> <mailto:[log in to unmask]>, the general office helpline)
>>
>> ---------------------------------------------------------------------
>> ---
>> ---------------------------------------------------------------------
>> ---
>>
>> All archives of messages are stored permanently and are available to
>> the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>>
>> Selected commands (the command has been filled in below in the body
>> of the email if you are receiving emails in HTML format):
>>
>> * Leaving this list: send */leave data-protection/* to
>> [log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE
>> data-protection>
>> * Suspending emails from all JISCMail lists: send */SET * NOMAIL/*
>> to [log in to unmask]
>> <mailto:[log in to unmask]&BODY=SET * NOMAIL>
>> * To receive emails from this list in text format: send */SET
>> data-protection NOHTML/* to [log in to unmask]
>> <mailto:[log in to unmask]&BODY=SET data-protection NOHTML>
>> * To receive emails from this list in HTML format: send */SET
>> data-protection HTML/* to [log in to unmask]
>> <mailto:[log in to unmask]&BODY=SET data-protection HTML>
>>
>> All user commands can be found at
>> http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the
>> *body* of an otherwise blank email to [log in to unmask]
>> <mailto:[log in to unmask]>
>>
>> Any queries about sending or receiving messages please send to the
>> list owner [log in to unmask]
>> <mailto:[log in to unmask]>
>>
>> (Please send all commands to [log in to unmask]
>> <mailto:[log in to unmask]> not the list or the moderators, and
>> all requests for technical help to [log in to unmask]
>> <mailto:[log in to unmask]>, the general office helpline)
>>
>> ---------------------------------------------------------------------
>> ---
>
>
>
>
--
Nigel Roberts, Director
Island Networks, 4&5 St Anne's Walk, Alderney (GG) Tel. +44 1481 822800 GSM: +423 663 178200 (Ask me about free incoming calls to your mobile in 86 countries.)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>Corporate Disclaimer<<
**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
Proofpoint for the presence of computer viruses using F-Secure
anti-virus software.
www.proofpoint.com
www.f-secure.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
