Breach of data protection

by Tom Bombadil Thu Nov 30, 2017 9:29 pm

I have a question!

Can it, or is it, a breach of ones Data (as in the data protection Act) if a constable investigates you (them now acting as an officer) for a civil offence?

Example; (and I saw something like this on you tube a while ago and I have added for effect)...
A copper asks you of your name for a non crime.
You dont give as you dont have too.
Its already established that the 'offence' is nothing to do with anything that enables the rozzer to frisk you for a tool etc, and you could walk away!

But here is the rub.... the copper suggests that he will follow you to your home or workplace and use those detailes to either find a tenant at your address, or ask questions of you at your work place!

Is this not a breach of your data under the data protection Act? Ie, trying to glean info for a non arrestable offence.

Thanks.

by Tiggy Thu Nov 30, 2017 10:11 pm

I'm not 100% sure it's a breach of the Data Protection Act as that only applies to data held on or intended to be held on a computer.

Also, Police and court powers
The Act grants or acknowledges various police and court powers.

Section 29 – Consent of the Data Subject is not required when processing Personal Data to prevent or detect crime, apprehend or prosecute offenders, the assessment and collection of taxes and duties and to discharge a statutory function.
Section 35 – Disclosures required by law or made in connection with legal proceedings. This includes obeying court orders, other laws and are part of legal proceedings.

May be classed as harassment as opposed to a breach of data protection.

by **assassin** Fri Dec 01, 2017 1:59 am

I'm not 100% sure it's a breach of the Data Protection Act as that only applies to data held on or intended to be held on a computer.

Yes it is as said plod will hold such information on the PND system and some of it on the PNC system and the PND system has already been seen to hold considerable amounts of unwarranted and unrequired personal information about people which shouldn't be held, in addition a lot of it is a coppers personal view and not a factual view.

Certainly a breach of harassment legislation and coppers own codes of conduct, the civil service code, and any local policies the coppers have in force.

by Tiggy Fri Dec 01, 2017 2:01 pm

assassin wrote:
I'm not 100% sure it's a breach of the Data Protection Act as that only applies to data held on or intended to be held on a computer.

Yes it is as said plod will hold such information on the PND system and some of it on the PNC system and the PND system has already been seen to hold considerable amounts of unwarranted and unrequired personal information about people which shouldn't be held, in addition a lot of it is a coppers personal view and not a factual view.

Certainly a breach of harassment legislation and coppers own codes of conduct, the civil service code, and any local policies the coppers have in force.

It all depends upon what they do with the information - if it never makes it onto a computer then it's not covered, if it does then it is and if it's not to be used to prevent a crime then it's a breach of the DPA.

by **assassin** Fri Dec 01, 2017 6:34 pm

This is the issue Tiggy, this is the same reason they set up the PND and it is merely assumption and opinions, at least with PNC it is monitored and contains facts, and here is the problem.

PND is the largest computer system and is even larger that the PNC system.

by Tom Bombadil Mon Dec 04, 2017 4:37 pm

Thanks all. I am looking into it now myself!

I've been busy much!

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