Seth,
Sounds like an interesting case, I am not aware of any prosecutions but I have not searched for any. I do know it was discussed on this list about a year ago or maybe even earlier. I think the upshot was that the recipient was under no legal obligation to return the material. Depending on the relationship there was a couple of caveats.
One caveat being whether that material was covered by something such as Official Secrets Act or other national security legislation.
In the normal cases, one neighbour gets the personal data of another, the consensus was that no legal obligation existed. Much of the discussion worked through or around questions about whether data could be "owned" and whether it existed as a "property" with various sub questions about databases or electronic data vs physical data.
A letter might be my property but who owns an email might depend on its content http://www.out-law.com/en/articles/2012/november/content-of-emails-should-generally-not-be-considered-as-property-rules-high-court/
Another issue was whether a database could be property see http://www.bristows.com/news-and-publications/articles/your-response-v-datateam-court-of-appeal-refuses-to-treat-databases-as-property/
Much of this, if I recall correctly stemmed from the decision in Fairstar. https://inforrm.wordpress.com/2013/09/23/case-law-fairstar-heavy-transport-nv-v-adkins-employer-entitled-to-former-employees-business-emails/ Where the issue was less about information as property, which the courts avoided, and more about the relationship between the parties. In this case, it was the relationship between a principal and an agent. "the legal right of the principal to inspect and copy documents held by a former agent [50]."
If a council sends a letter to the wrong person, my understanding, (happy to be corrected) is that they cannot require or enforce its return.
As for someone being prosecuted, I do not know. However, I hope the above helps.
Best,
Lawrence
Lawrence Serewicz
Information and Records Manager
Transformation and Partnerships
Durham County Council
County Hall
Room 143-148 4th Floor
Durham
County Durham
DH1 5UF
Direct 03000 268 038
Switchboard 03000 26 0000
www.durham.gov.uk
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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 Seth Speirs
Sent: 01 February 2017 10:02
To: [log in to unmask]
Subject: Criminal Offence to retain data?
I know given where I work I should be telling you the answer to this but nevertheless...
We are all aware of the Section 55 DPA provisions that create criminal offences to unlawful obtaining and/or disclosing personal data.
Has anyone come accross any instances where someone has been prosecuted for failing when requested to return data disclosed to them inadvertantly?
Seth
Seth Speirs
ADSO
Public Prosecution Service
028 90264621
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