Data Protection - When can public & private sector organisations disclose information

[GRobertson]

As those of you who work in this sector will know, among those organisations with whom we have to deal on a daily basis, the level of knowledge and understanding of the Data Protection Act, 1998 is poor to say the least. This often results in a denial of access to sometimes vital data to which we are legally entitled. Although that access is not a right, many do not realise that we can be given the data, provided that certain conditions apply.

For the past 18 months, the Association of British Investigators and other bodies have been working with the Information Commissioners Office on the wording of a “Good Practice Note,”which explains these rights and sets out what public and private sector organisations need to consider when they are asked to disclose information to a private investigator.

The Good Practice Note is designed to allay misconceptions and to stimulate the flow of data, where it can be shown that it is necessary to prevent or detect crime or to aid the legal process.

Whilst the Note refers specifically to Private Investigators, clearly it applies to all those who undertake investigations in the private sector, including in-house investigators employed by insurers, commercial entities and solicitors.

The Good Practice Note has been published on the Information Commissioner’s website at:

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/disclosures_to_private_investigators_v1.0.pdf

You may find it helpful to refer those from whom you seek information to this link, or to attach a copy of the Good Practice Note with your written Sec. 29 or 35 requests. To that end I have attached a copy of the Good Practice Note to this post.

Good Luck.

Gavin Robertson

[JHD]

Here is a standard letter I send when I wish to received information on what is being held by companies/banks etc. It should be addressed to the Data Controller and sent registered. if you want a particular piece of information you just need to mention what you want within the letter. The £10 is the max they can charge and often it will be sent back to you.

Regards

JHD


Dear Sir or Madam

Subject Access Request, under the Data Protection Act 1998


I wish to make a formal Subject Access Request, under the Data Protection Act 1998.

I have enclosed a cheque for the statutory maximum of £10.00 and a copy of my driving license for identification purposes.

I wish to receive a copy of all of the information you are holding.

I look forward to receiving this information soon. However, should you require any further information from me in order to facilitate my request please do not hesitate to contact me.

Yours faithfully



JHD

[GRobertson]

JHD,

With respect, your draft letter relates to finding our what personal data is held by otrhers about you, under the Subject Access provisions at Sec. 7 of the Act.

The import of the original post was to inform Private Investigators of the steps taken by the Information Commissioners Office to help them obtain the personal data of others.

Good Luck.

[JHD]

Quote:

Originally Posted by GRobertson JHD, With respect, your draft letter relates to finding our what personal data is held by otrhers about you, under the Subject Access provisions at Sec. 7 of the Act. The import of the original post was to inform Private Investigators of the steps taken by the Information Commissioners Office to help them obtain the personal data of others. Good Luck.

Sorry GRobertson I got all excited and went off on the wrong angle, thanks for your thread it is very interesting