Data Protection Acts (first 1984) have never been and were never intended to be, a fraudster’s charter; a means by which crooks could shield their details from prying eyes and avoid detection. Like much of our legislation, there are sections that ‘enable’ actions which would otherwise be deemed criminal conduct. Take, as an example, the Offences Against the Persons Act of 1861 – we all know we should not hit people:
‘an assault is the intentional application of force to the person of another without their consent, or the threat of such force by act or gesture if the person threatening has or causes the person threatened to believe he/she has, the present ability to affect his/her purpose.’*
But what of self-defence… or when a police officer arrests someone? There are occasions when an assault is ‘justified’ and the Act allows for this. Similarly, the DPA contains ‘enabling’ sections:
Data Protection Act 2018 – The Supply of information – ‘enabling’ sections
Exemptions etc from the GDPR
Adaptations and restrictions based on Articles 6(3) and 23(1)
2(1) The listed GDPR provisions and Article 34(1) and (4) of the GDPR (communication of personal data breach to the data subject) do not apply to personal data processed for any of the following purposes
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders
5(1) The listed GDPR provisions do not apply to personal data consisting of information that the controller is obliged by an enactment to make available to the public, to the extent that the application of those provisions would prevent the controller from complying with that obligation.
5(2) The listed GDPR provisions do not apply to personal data where disclosure of the data is required by an enactment, a rule of law or an order of a court or tribunal, to the extent that the application of those provisions would prevent the controller from making the disclosure.
5(3) The listed GDPR provisions do not apply to personal data where disclosure of the data
(a)is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings),
(b)is necessary for the purpose of obtaining legal advice, or
(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights, to the extent that the application of those provisions would prevent the controller from making the disclosure.
Note: For many involved in claim investigation or seeking to make a recovery, this is easier to demonstrate or more applicable to their environment.
In an age where our constabularies are undermanned, tasked with addressing a wide range of matters whilst burdened (in some respects) by political correctness and admin’, does it not make sense for constabularies to embrace those who have a vested interest in tackling crime in its many shapes, to engage with those who have the expertise, rather than duplicate resources?
*from memory – had to be learned ‘word perfect’ in the 1970’s at police training school.