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Bailiffs and data protection...

Law of banking - cheques, PPI etc. Insurance, Financial Services/

Re: Bailiffs and data protection...

Postby Hairyloon » Mon Sep 12, 2016 8:37 pm

b1969 wrote:I am pretty certain ICO would say the connection between the payment of debts and the personal data is too remote.

But even if it were conceded that the connection was not too remote, in what way would the data be being subject to unauthorised or unlawful processing, or accidental loss, destruction or damage?

What is the bailiff going to be doing with the hardware, if not selling it?
He cannot reasonably sell the machine with the data on it, but is there actually anything to stop him from doing so?
Is he constrained by that Data Protection Act? He is not the data controller, he has not collected the data.

But can he wipe it? Is that not unauthorised access or processing?
In any case, it is presumably information of value to the debtor so the bailiff would be destroying the assets of someone already in financial difficulties...
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Re: Bailiffs and data protection...

Postby b1969 » Wed Sep 14, 2016 4:37 am

I imagine, but do not know for sure, that procedures would be in place for the debtor to recover any data on the hardware.

In my view the bailiff does become a data controller once the hardware is seized. The definition of data controller is the "person...determines the purposes for which and the manner in which any personal data are, or are to be, processed", and "processing" includes holding the data, and, indeed, selling it (or the hardware it is contained in).
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