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Perhaps he has shares in the Sun !*!*!*
-----Original Message-----
From: John Hughes [SMTP:[log in to unmask]]
Sent: 07 January 2004 09:46
To: [log in to unmask]
Subject: FW: [data-protection] FW: [data-protection] DPA to
blame agai n
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I share your suspicions about my former ISEB guru Mr Pounder
fabricating
this story - especially as he stated that it appeared in yesterday's
Sun
newspaper. I bought a copy on the way home and searched high and low
but
couldn't see it anywhere.
John
-----Original Message-----
From: Michael Doherty [mailto:[log in to unmask]]
Sent: 06 January 2004 18:13
To: [log in to unmask]
Subject: Re: [data-protection] FW: [data-protection] DPA to blame
agai n
Evenin' all (some more senior people might see the joke),
I noticed a comment earlier today that there had been no
contribution to
this discussion from any police subscribers. I cannot speak for The
Police;
only for me. I work for a police force.
My view (and that of fellow practitioners in the policing arena) is
the
police cannot decide in advance the likelihood of any evidence being
excluded if challenged as being unfair because it has been obtained
by
means not in accordance with the data protection principles. Or
indeed for
any other reason.
It is the task of a judge or magistrate to decide if evidence has
been
obtained so unfairly that it should be excluded by way of Section 78
Police
and Criminal Evidence Act 1984 (PACE). Even then this can only be
done at
the application of a defendant.
I see no problem with what the shopkeeper did - although the school
might
have declined to give him the information unless there was certainty
that
it was necessary for the investigation of the crime. He might have
simply
wanted to sort a few kneecaps out.
If the story is correct it seems likely the shopkeeper spoke to a
bod in a
police call-centre rather than a police investigator.
Does anyone share my suspicion that Chris Pounder made this one up
just to
get people talking?
Regards,
Michael Doherty
Kent Police Data Protection Unit
01622 652066
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