Earlier quoted context omitted.
> Destroying evidence, however, can rather quickly result in criminal prosecution. I disagree with all your points. This would imply that no one has ever destroyed evidence. You are also implying they are acting rationally. You are also projecting US laws onto the U.K. > The only way to possibly way to square destruction of evidence with rational thinking is the possibility of CA having engaged in things worse than c…
My point is that destroying evidence may make sense if you're accused of serious crimes. It doesn't make any sense if your employer is accused of civil law violations. And I'm actually in the EU and believe my representation of the law to be mostly correct. >> The only way to possibly way to square destruction of evidence with rational thinking is the possibility of CA having engaged in things worse than currently kn…
Section 55(1) DPA unlawful obtaining etc. of personal data
It is an offence to knowingly or recklessly obtain, disclose or procure the disclosure of personal information without the consent of the data controller.
There are some exceptions to this for example, where such obtaining or disclosure was necessary for crime prevention/detection. Section 55(2) sets out four defences to section 55(1).
If a person has obtained personal information illegally it is an offence to offer or to sell personal information. Section 55(3) makes the contravention of section 55(1) a criminal offence.
Section 55(4) and section 55(5) DPA create offences of selling and offering to sell personal data. For the purposes of section 55(5) DPA an advertisement indicating that personal data are or may be for sale is an offer to sell the data.
When prosecuting DPA cases as per the case of R v Julian Connor (Southwark Crown Court, 19 May 2003) prosecutors should remember to adduce evidence that the individuals named in each charge were alive at the time their data was obtained, and as per R v Buckley, England, Wallace and Moore (Winchester Crown Court, September 2003), the prosecution has to prove that the information was data within the meaning of Section 2(1) of the DPA.
There are no custodial sentences in respect of DPA offences and no powers of arrest; all offences are punishable only by a fine. Search warrants are available to the Information Commissioner by virtue of section 50 and the powers outline at schedule 9 of the DPA.
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