Data protection law doesn't stop crimefighters

Companies can't use the Data Protection Act (DPA) as an excuse not to release personal information when it is needed in the fight against crime.

The data privacy legislation doesn't prevent companies from giving out personal information in this situation, according to the Information Commissioner's Office (ICO).

The privacy watchdog said it had heard about organisations that are wrongly using the Act as an excuse for not releasing personal information. It said newly published guidance on its website will help organisations understand the circumstances when disclosure of information should be considered.

It said an exemption under section 29 of the DPA allows organisations to give out personal information for the purpose of preventing or detecting crime, or catching and prosecuting a suspect.

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But the watchdog added there are some limits and circumstances where the exemption does not cover the disclosure of all personal information.

Assistant commissioner at the ICO, Jonathan Bamford, said in a statement: "This is a difficult area for organisations as they do not want to impede police investigations but must uphold the privacy rights of their staff and customers."

Requests for information must be carefully considered on a case-by-case basis, he said.