Data Protection and Community protection orders ( ASBO)
Discussion
Now a query for the legal eagles here, my local policeman says that i cannot tell anyone about a neighbour who has a community protection order against them, whilst on the other hand if he has/had an harassment order against him i could tell anybody whom it may interest.
He is quoting that it would be against/breaking data protection laws/restrictions is he correct or is he misguided/proffering the wrong information?
He is quoting that it would be against/breaking data protection laws/restrictions is he correct or is he misguided/proffering the wrong information?
Racing Newt said:
Now a query for the legal eagles here, my local policeman says that i cannot tell anyone about a neighbour who has a community protection order against them, whilst on the other hand if he has/had an harassment order against him i could tell anybody whom it may interest.
He is quoting that it would be against/breaking data protection laws/restrictions is he correct or is he misguided/proffering the wrong information?
How did you come by the information?He is quoting that it would be against/breaking data protection laws/restrictions is he correct or is he misguided/proffering the wrong information?
I am involved in the situation, but not the offences, and i have spoken with the Information commissioners by phone and as far as they are concerned the Data protection stuff does not apply to the sort of thing i have written about here.
So i am trying to determine where the police officers are getting their direction on this from.
I have always assumed that data protection is to protect "sensitive information" such bank details, NI numbers etc from being let into the general public domain.
So i am trying to determine where the police officers are getting their direction on this from.
I have always assumed that data protection is to protect "sensitive information" such bank details, NI numbers etc from being let into the general public domain.
piddy44 said:
I'd guess it would depend on how you have come to know about this. If it's out there in the public domain & available to people online ('Sarah's Law' I think it's called - the register for women to check if their partner has a history of domestic violence or abuse?) then it's public information.
If it's just your own knowledge of someone's conviction then I still don't see how you have to keep silent about it.
If the info has come from a police acquaintance of yours then I could understand him asking you to keep this quiet as he may have found it on the police national computer so doesn't want any come-back.
If the person in question is a paedo then personally I'd be 'anonymously' making sure my neighbours knew for the safety of their kids.
Sarah's law and indeed Claire's law are not in the public domain, only people who have a right to know this information may apply to see if a person is known to police for offences related to both laws and only if they have an explicit right to be made aware, in the case of Sarah's law, parents, carers or guardians, not the great unwashed. This will only contain sexual related offences too, not information about a bank robbery etc.. In Claire's law its only the partner who has a right to ask, police can in some cases disclose, this is the right to know. And again this will only be DV related stuff so wont include any convictions for bank robbery etc... If it's just your own knowledge of someone's conviction then I still don't see how you have to keep silent about it.
If the info has come from a police acquaintance of yours then I could understand him asking you to keep this quiet as he may have found it on the police national computer so doesn't want any come-back.
If the person in question is a paedo then personally I'd be 'anonymously' making sure my neighbours knew for the safety of their kids.
But this information is not in the public domain and cannot be handed out by a vanilla constable in the course of their duties.
Just to be a pedant, since it is after all my job, the "household exemption" from data protection regulations states: "This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity." So although I'm inclined to agree with the ICO that the law does not prevent you from disclosure, one might be able to argue that there there is some question as to whether doing so constitutes a "purely personal or household activity".
The police would certainly be prevented from telling you about the matter - for a number of reasons including data protection - but are wrong in stating that the same restriction applies to you as a private citizen. There might, though, be other reasons why you are not permitted to share the information - I'm a data protection professional, not e.g. a criminal lawyer, and there could be injunctions or matters of judicial confidentiality that could apply, I imagine.
TL;DR - the police are talking nonsense, this has nothing to do with data protection law in your case.
The police would certainly be prevented from telling you about the matter - for a number of reasons including data protection - but are wrong in stating that the same restriction applies to you as a private citizen. There might, though, be other reasons why you are not permitted to share the information - I'm a data protection professional, not e.g. a criminal lawyer, and there could be injunctions or matters of judicial confidentiality that could apply, I imagine.
TL;DR - the police are talking nonsense, this has nothing to do with data protection law in your case.
964Cup said:
Just to be a pedant, since it is after all my job, the "household exemption" from data protection regulations states: "This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity." So although I'm inclined to agree with the ICO that the law does not prevent you from disclosure, one might be able to argue that there there is some question as to whether doing so constitutes a "purely personal or household activity".
The police would certainly be prevented from telling you about the matter - for a number of reasons including data protection - but are wrong in stating that the same restriction applies to you as a private citizen. There might, though, be other reasons why you are not permitted to share the information - I'm a data protection professional, not e.g. a criminal lawyer, and there could be injunctions or matters of judicial confidentiality that could apply, I imagine.
TL;DR - the police are talking nonsense, this has nothing to do with data protection law in your case.
Ah ha, someone whom seems to know what they are talking about.The police would certainly be prevented from telling you about the matter - for a number of reasons including data protection - but are wrong in stating that the same restriction applies to you as a private citizen. There might, though, be other reasons why you are not permitted to share the information - I'm a data protection professional, not e.g. a criminal lawyer, and there could be injunctions or matters of judicial confidentiality that could apply, I imagine.
TL;DR - the police are talking nonsense, this has nothing to do with data protection law in your case.
Now does that include the police not informing ( in writing) the community or persons affected about the restrictions contained within the community protection order (previously known as an ASBO) due to Data protection or is that a load of male danglers too?.
If an individual has the information and is not bound by a confidentiality agreement or legislation limiting disclosure (e.g. Official secrets Act ) then that information is in the public domain even if the individual hasn't told anyone else - yet.
If OP tells someone else how would plod know it was him, and would they really care.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff