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Data Protection

Data Protection – Registration Number Z5181130

As will be understood from our writing in respect of GDPR, we take your personal data seriously. There are circumstances in which we will seek information about you. For example:

  • Consent

With your consent we may approach organisations such as the DVLA or Police Constabularies.

  • Public Record

We may seek and and consider information that is readily available to all. Commonly, this is on-line data.

  • Enabling Sections

The DPA does not provide an ‘impenetrable wall of protection’ preventing us from seeking information about you, or stopping others from releasing your information to us. There are ‘enabling sections’ and those most commonly used, appropriate to our work, are:

information required to be disclosed by law etc or in connection with legal proceedings

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: The nature of our inquiries cause most to fall within the above; the potential for legal proceedings i.e. prospective proceedings; may, possible, potential or likely to give rise to legal proceedings.

prevention &/or detection of crime, apprehension and/or prosecution of offenders

3(1)The GDPR provisions listed in sub-paragraph (3) do not apply to personal data which consists of a classification applied to the data subject as part of a risk assessment system falling within sub-paragraph (2) to the extent that the application of those provisions would prevent the system from operating effectively.

(2)A risk assessment system falls within this sub-paragraph if

(a)it is operated by a government department, a local authority or another authority administering housing benefit, and

(b)it is operated for the purposes of—

(i)the assessment or collection of a tax or duty or an imposition of a similar nature, or

(ii)the prevention or detection of crime or apprehension or prosecution of offenders, where the offence concerned involves the unlawful use of public money or an unlawful claim for payment out of public money.

Note: This section could be used where information gives grounds for us to suspect an offence has been committed. The information sought and provided may support or negate the concerns.

Further reading: