The database is intellectual property and subject to the database copyright
regulations, but I haven't had the energy to try to find out whether that
would prevent the bailiffs from using it. (The regulations are mainly just
a set of references back to the copyright act, so if anyone has a spare
afternoon ... )
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
----- Original Message -----
From: "Chris Tinsley" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, July 05, 2012 11:28 AM
Subject: Re: When a bailiff takes a computer
It may be that the information on the computer has lots of value e.g. a list
of customers. Could the bailiff sell the list to recover debts?
Chris Tinsley | Information Management Officer, GreenSquare Group
tel: 01249466305 | [log in to unmask] | Methuen Park,
Chippenham SN14 0GU
GreenSquare incorporates Oakus, OCHA, Sparrow, Tidestone, and Westlea
Housing
housing people, building communities
www.greensquaregroup.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 05 July 2012 11:25
To: [log in to unmask]
Subject: Re: [data-protection] When a bailiff takes a computer
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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk Buckinghamshire County
Council Email Disclaimer
This Email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this Email has been misdirected, please
notify the author or [log in to unmask] immediately. If you are not
the intended recipient you must not disclose, distribute, copy, print or
rely on any of the information contained in it or attached, and all copies
must be deleted immediately. Whilst we take reasonable steps to try to
identify any software viruses, any attachments to this Email may
nevertheless contain viruses which our anti-virus software has failed to
identify. You should therefore carry out your own anti-virus checks before
opening any documents.
Buckinghamshire County Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email.
All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.
The views expressed in this email are not necessarily those of
Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and
for the presence of computer viruses.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
GreenSquare comprises
GreenSquare Group Limited | An Industrial and Provident Society with
charitable status number 30386R | Registered Office: Barbury House,
Stonehill Green, Swindon SN5 7HB
Oakus Estates Limited | Registered as a private limited company in England &
Wales number 3861414 | Registered Office: Barbury House, Stonehill Green,
Swindon SN5 7HB
Tidestone Limited | Registered as a private limited company in England &
Wales number 3861419 | Registered Office: Barbury House, Stonehill Green,
Swindon SN5 7HB
Oxford Citizens Housing Association Limited | An Industrial and Provident
Society with charitable status 12305R | Registered Office: 244 Barns Road,
Oxford OX4 3RW
G W Sparrow and Co Ltd | Registered as a private limited company in England
& Wales number 01971730 | Registered Office: 5 Cobham Centre, Westmead
Industrial Estate, Westlea, Swindon SN5 7UJ
Westlea Housing Association Limited | An Industrial and Provident Society
with charitable status number 28095R | Registered Office: Methuen Park,
Chippenham SN14 0GU
GreenSquare Community Housing | An Industrial and Provident Society with
charitable status number 31476R | Registered Office: Barbury House,
Stonehill Green, Swindon SN5 7HB
Follow us on Twitter:
twitter.com/greensquareavon | twitter.com/greensquaremard |
twitter.com/greensquareisis
Find us on Facebook:
fb.com/GreenSquareAvon | fb.com/GreenSquareMarden |
fb.com/GreenSquareIsisArea
This e-mail (including any attachments) has been scanned for viruses. It is
intended only for the recipient(s) named above. It may contain confidential
or privileged information and should not be read, copied or otherwise used
by any other person. If you are not a named recipient, please contact the
sender or email [log in to unmask] and destroy the original
message.
Please consider the environment before printing.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|