Data Protection Act (29) (3)

ben addison made this Freedom of Information request to Information Commissioner's Office

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Dear Sir or Madam,

Please can you tell me who can make requests for information for the prevention and detection of crime (from memory i think its DPA 29 (3))

Yours faithfully,

ben addison

Internal Compliance Team,

Dear Mr Addison

Thank you for your email dated 9 January 2008.

Although your email is entitled 'Freedom of Information request' it is
not actually a request for recorded information held by the Information
Commissioner's Office, but an enquiry about the application of section
29(3) of the Data Protection Act 1998. I am therefore forwarding it to
our Customer Service Team who will respond to you as soon as possible.

Yours sincerely
Angela Ellison (Mrs)
Assistant Internal Compliance Manager

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Information Commissioner's Office

Link: [1]File-List

14th May 2009

Case Reference Number ENQ0232517

Dear Mr Addison

Thank you for your enquiry dated 9 January 2009 regarding requests for
information.

Please accept my sincere apologies for the delay in replying to you; our
office is currently dealing with large volumes of work. This has meant
that we have been unable to deal with incoming correspondence as promptly
as we would like.

The Information Commissioner’s Office (ICO) is responsible for advising
on and enforcing the Data Protection Act 1998 (DPA) which is based around
eight principles of “good information handling”.

I understand you would like to know who can make requests for information
for the prevention and detection of crime.

Section 29 is an exemption that allows an organisation to give out
personal information where the disclosure is for one of the “crime and
taxation purposes”:

o The prevention or detection of crime
o The apprehension or prosecution of offenders or
o The assessment or collection of any tax or duty or of any imposition
of a similar nature.

and complying with the normal provisions of the DPA would be likely to
prejudice one of these purposes.

Under this exemption, if an organisation has received a request from a
third party for information constituting personal data, they may be able
to release the data to the third party without the knowledge or consent of
the data subject if the organisation which processes the data is satisfied
that the exemption applies.

Organisations may receive requests for information under this exemption
from the police. However, the exemption doesn’t specify who can make
such requests; it is the purpose for which the disclosure will be made
that is crucial in determining if the exemption applies.

For more information on this exemption, I would advise you to read our
Good Practice note which can be found here:

[2]http://www.ico.gov.uk/upload/documents/l...

I hope this information is helpful. If we can be of any further assistance
please contact our Helpline on 08456 30 60 60, or 01625 545745 if you
would prefer to call a national rate number, quoting your case reference
number. You may also find some useful information on our website at
[3]www.ico.gov.uk.

Yours sincerely

Nicholas Stallman

Case Officer

DP Case Reception Unit

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/rad4703A_files/filelist.xml
2. http://www.ico.gov.uk/upload/documents/l...
3. http://www.ico.gov.uk/

Dear Sir or Madam,

How does the Organisation which holds the information know as to whether the requesting organisation is going to use it for the purposes of "the prevention and detection of crime"? is there criteria which the requesting organisation has to fit, or is it merely a verbal affirmation of the intent?

Yours sincerely,

ben addison

Information Commissioner's Office

Link: [1]File-List

20th May 2009

Case Reference Number ENQ0232517

Dear Mr Addison

Thank you for your further enquiry relating to Section 29 of the DPA.

In my previous response, I explained that Section 29 (3) is an exemption
that allows an organisation to give out personal information where the
disclosure is for one of the “crime and taxation purposes”:

o The prevention or detection of crime
o The apprehension or prosecution of offenders or
o The assessment or collection of any tax or duty or of any imposition
of a similar nature.

and complying with the normal provisions of the DPA would be likely to
prejudice one of these purposes.

You would now like to know how the organisation which holds the
information can satisfy itself that the Section 29 exemption applies and
that releasing the information would be for one of the crime and taxation
purposes.

It is up to the organisation which holds the information to decide whether
the exemption is likely to apply. The organisation has to satisfy itself
based on the information available to them that the request meets the
criteria of the exemption and, crucially, that not releasing the
information would be likely to prejudice the crime and taxation purposes.

When considering whether or not to release the information under this
exemption, the organisation may want to take into account, amongst other
things:

o Is it a formal request in writing?
o Who is making the request?

Similarly, the organisation may wish to ask of the requester:

o Why is it necessary for us to provide this personal information (can
you not get this personal information from another source)?
o How will this personal information assist your attempts to prevent
crime or catch a suspect?

For more information on this exemption, I would advise you to read our
Good Practice note which can be found here:

[2]http://www.ico.gov.uk/upload/documents/l...

I hope this information is helpful. If we can be of any further assistance
please contact our Helpline on 08456 30 60 60, or 01625 545745 if you
would prefer to call a national rate number, quoting your case reference
number. You may also find some useful information on our website at
[3]www.ico.gov.uk.

Yours sincerely

Nicholas Stallman

Case Officer

DP Case Reception Unit

 

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/radA7CA3_files/filelist.xml
2. http://www.ico.gov.uk/upload/documents/l...
3. http://www.ico.gov.uk/