Any GDPR / DPA bods in the house?

[So]

I am involved in some shenanigans with the police and one of the big 5 banks; it is fraud-related.

Big 5 Bank won't release account data to the police without a court production order. However, I thought the police could use S.35 of the DPA to obtain data because they are prosecuting or considering prosecution.

The production order is in the pipeline, but it is taking a long time.

[ging84]

So said:

I am involved in some shenanigans with the police and one of the big 5 banks; it is fraud-related.

Big 5 Bank won't release account data to the police without a court production order. However, I thought the police could use S.35 of the DPA to obtain data because they are prosecuting or considering prosecution.

The production order is in the pipeline, but it is taking a long time.

S.35 of the DPA means that the bank perhaps can process the data, court order means they have to.
Unless it is strongly in their interest to do it why would they spend effort working out if it is lawful/necessary for them to do it, and risk the liability of getting it wrong, when they can have a judge do for them and eliminate any liability.

If it was strongly in the banks interest, i suspect it wouldn't be a big concern to you.

[Bigyoke]

sometimes banks will release material on a DPA but usually they will ask for either a PACE or POCA production order. A PO is actually better from an investigative POV as they have to hand over whatever is asked for or risk being in contempt.

It shouldn’t take very long & most banks are very prompt at responding to the order ( under POCA they have to produce within 7 days )

[Graveworm]

So said:

I am involved in some shenanigans with the police and one of the big 5 banks; it is fraud-related.

Big 5 Bank won't release account data to the police without a court production order. However, I thought the police could use S.35 of the DPA to obtain data because they are prosecuting or considering prosecution.

The production order is in the pipeline, but it is taking a long time.

What's the hurry? If its important accredited FIs have privileged access to the banks and would be able to get much of what's needed for intelligence purposes. The production orders follow for evidence. It does not take long to get one if there is a need to.
Doing it that way protects the banks and law enforcement, although the latter protection has been eroded.

Edited by Graveworm on Thursday 20th June 20:16

[So]

Graveworm said:

What's the hurry?

Edited by Graveworm on Thursday 20th June 20:16

The police won't act until they have the information from the bank. The longer this drags on, the greater the risk that the money is moved on and becomes untraceable.

But thanks to everyone who has replied. This is PH at it's best.