Data protection act 1998: sensitive personal data or exempt data

[34D]

Ladies and gentlemen,

Considering the general case only, would we suggest that 'data' held by the prosecution department of a TOC for possible consideration of settlement offer/prosecution et al is likely to constitute:

-sensitive personal data
or
-exempt data under section 29 of the Data Protection Act 1998?

Thanks

 

[najaB]

I would think that while a prosecution is being considered § 29 applies.

 

[34D]

I would think that while a prosecution is being considered § 29 applies.

Thank you. Would you suggest that s.29 could be used to withhold all the information that is held on a particular data subject, even if in isolation certain items of data would be disclosable under an SAR?

 

[najaB]

Thank you. Would you suggest that s.29 could be used to withhold all the information that is held on a particular data subject, even if in isolation certain items of data would be disclosable under an SAR?

I'm not a lawyer, but my layman's interpretation says yes, but only to the extent to which doing so wouldn't hinder the data subject's defence against any charges that might be brought.

 

[swj99]

Ladies and gentlemen,

Considering the general case only, would we suggest that 'data' held by the prosecution department of a TOC for possible consideration of settlement offer/prosecution et al is likely to constitute:

-sensitive personal data
or
-exempt data under section 29 of the Data Protection Act 1998?

Thanks

Possibly both.

Because -

2 Sensitive personal data.

In this Act “sensitive personal data” means personal data consisting of information as to—

(a)the racial or ethnic origin of the data subject,

(b)his political opinions,

(c)his religious beliefs or other beliefs of a similar nature,

(d)whether he is a member of a trade union (within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992),

(e)his physical or mental health or condition,

(f)his sexual life,

(g)the commission or alleged commission by him of any offence, or

(h)any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

&

29 Crime and taxation.

(1)Personal data processed for any of the following purposes—

(a)the prevention or detection of crime,

(b)the apprehension or prosecution of offenders, or

(c)the assessment or collection of any tax or duty or of any imposition of a similar nature,

are exempt from the first data protection principle (except to the extent to which it requires compliance with the conditions in Schedules 2 and 3) and section 7 in any case to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection.

http://www.legislation.gov.uk/ukpga/1998/29/section/2

http://www.legislation.gov.uk/ukpga/1998/29/section/29

 

[Barn]

Ladies and gentlemen,

Considering the general case only, would we suggest that 'data' held by the prosecution department of a TOC for possible consideration of settlement offer/prosecution et al is likely to constitute:

-sensitive personal data
or
-exempt data under section 29 of the Data Protection Act 1998?

Thanks

Personal data would be sensitive if it consisted of information about the alleged commission of an offence. This would not necessarily apply to all data held by a TOC in relation to an alleged criminal (e.g. entries on a season ticket database), although the mere fact that a prosecution department holds data is suggestive of an allegation of an offence.

Section 29 may also be relevant during parts of the investigation stages. However, by the time it reaches prosecution stage, the defendant should be looking at criminal litigation disclosure rules rather than subject access requests.