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Hi Lawrence

1. Yes, probably
2. On a very quick analysis s327A of the Criminal Justice Act 2003 probably provides the Sch3(7) condition
3. Ditto

Got to rush now, but have you seen the HO Guidance? http://www.homeoffice.gov.uk/publications/crime/disclosure-scheme-guidance/

Jonathan

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 Lawrence Serewicz
Sent: Monday 17 September 2012 12:09
To: [log in to unmask]
Subject: [data-protection] Child sex offender disclosure scheme (request to disclose)? Have you had one of these?

Dear All,
I am not familiar with the details of this scheme, which is why I am asking the list for some advice.  We have just received a request under this scheme to provide some information to a police force.  This is not a s29(3) request.

This is the first time I have seen such a request or even heard of one.  Is this part of the scheme?

My understanding was that all of the information and the questions were handled within the police force and their access to the PNC rather than a wider trawl for information.  Is this correct?

As it stands, we are being asked to provide any relevant social services information on the subject of the request AND the applicant. (I am still not sure why or how a request for the applicant's social services information is justified).

My questions to the list are these:
1. Is this a legitimate part of the CSOD scheme?
2. Is there any exemption that would cover disclosing information in this way?  I cannot see (at this stage) how the schedule 3 conditions are met.
3. Is there legislation that covers this sharing? I am not familiar with any as this appears to fall outside of the MAPPA arrangements or the usual crime and disorder work across an area. http://www.lbhf.gov.uk/Images/MAPPA%20Guidance%20(2009)%20Version%203%200%20_tcm21-120559.pdf

If anyone is familiar with this scheme and whether this request is legitimate, I would be grateful for any advice and guidance on or off the list.

Thanks

Lawrence


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