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Bailiffs and data protection...

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Bailiffs and data protection...

Postby Hairyloon » Thu Sep 08, 2016 7:31 pm

What issues might arise if a data controller in debt has their computers taken by bailiffs?
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Re: Bailiffs and data protection...

Postby atticus » Thu Sep 08, 2016 7:39 pm

Plenty. Did he check the bailiff's data protection registration?

He should notify the ICO of the breach of data security.
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Re: Bailiffs and data protection...

Postby Hairyloon » Thu Sep 08, 2016 8:11 pm

For clarity, the question relates to a report of one of these so called "poverty porn" programmes which seem popular at the moment. Apparently the whole programme was filled with conduct which is or should be unlawful.
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Re: Bailiffs and data protection...

Postby diy » Fri Sep 09, 2016 7:52 am

Assuming I don't fancy googling that term. wtf is poverty porn?

If the drives were encrypted, the notification is lower
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Re: Bailiffs and data protection...

Postby Hairyloon » Fri Sep 09, 2016 8:38 am

diy wrote:Assuming I don't fancy googling that term. wtf is poverty porn?

There is a whole raft of television series dedicated to making entertainment out of poor people struggling: "Benefits Street", "Can't Pay We'll Take it Away", stuff like that.
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Re: Bailiffs and data protection...

Postby diy » Fri Sep 09, 2016 10:27 am

ahhhh - I thought it was some sort of Dickensian S&M :D
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Re: Bailiffs and data protection...

Postby Hairyloon » Fri Sep 09, 2016 11:13 am

When we see the gleeful behavior of some Members of the House, I'm not so sure that it isn't. :?
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Re: Bailiffs and data protection...

Postby b1969 » Sun Sep 11, 2016 6:31 am

atticus wrote:Plenty. Did he check the bailiff's data protection registration?

He should notify the ICO of the breach of data security.


I'm not so sure. The Data Protection Act 1998 (seventh principle in Schedule One) requires a data controller to take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Assuming the seizing of the hardware containing the data is lawful, I don't think that data has been subject to "accidental loss, destruction or damage". Moreover, even if it is argued that it has so been subject, where is the failure to take appropriate measures?

I'm also not convinced it's for the Data controller to check the bailiff's ICO registration (again, assuming the seizing was lawful).

Practically speaking, the Data controller would do well to ensure that the bailiff is competent to take appropriate measures itself to safeguard the data but I'm unconvinced there's any legal obligation to do so.
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Re: Bailiffs and data protection...

Postby atticus » Sun Sep 11, 2016 8:08 am

Payment of debts would be an appropriate measure
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Re: Bailiffs and data protection...

Postby b1969 » Mon Sep 12, 2016 6:26 pm

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?
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