WAPI News
REPLY FROM THE UK INFORMATION COMMISSIONER
Following my letter to the Information Commissioner, the following
interesting reply has been received. Note my emphasis - on what I believed
to be very important points!!
Please feel free to circulate on other Investigation Sector eGroups.
Ian (D. Withers) - Chairman
WAPI - World Association
of Professional Investigators
Chairman@WAPI.com
Tel: +44 79 7064 5420
www.wapi.com
REPLY FROM THE INFORMATION COMMISSIONER'S OFFICE
Promoting public access to official information and protecting
your personal information
Reference: Z0065/RT/LT
Mr. Ian Withers,
Chairman WAPI,
212 Piccadilly,
London, W1 9HG.
7 June, 2006.
Dear Mr. Withers
WHAT PRICE PRIVACY? THE UNLAWFUL TRADE IN CONFIDENTIAL PERSONAL
INFORMATION
Thank you for your letter dated 31 May 2006. Please accept my apologies
for not sending the finished report to the other representative trade
associations in the field of private investigation and in particular
the Investigation Sector Group. I have now sent copies of the report
"to the ISG as the relevant umbrella group"
asking them to pass the recommendations it contains on to their members
and will note this in my follow up report in 6 months time.
I note your concerns about the proposals in the report and will consider
them further in preparing the follow up report and in my discussions
with the Department for Constitutional Affairs.
I welcome the fact that WAPI does not condone illegal activity by its
members as spelt out in your code of ethics. However, I would like to
stress the point made to the ABI in the report, which is equally valid
for WAPI, that you should go further than 'possibly sanctioning' those
convicted of illegal activity and make a clear statement that you will
expel any member cautioned or convicted under section 55 of the Data
Protection Act 1998.
As you will be aware, the report highlights that there are "existing
lawful avenues for the collection of otherwise confidential personal
data" and these are the channels that should be used by
your members when acting on behalf of those with a legitimate need to
know. "We also support the development of Data Disclosure
Orders" and other means to legitimately trace absconded
debtors.
I understand that your role is to protect the interest of your members.
However (unless an exemption applies) knowingly and recklessly obtaining
confidential personal information by deception without the consent of
a data controller is a criminal offence. This simply cannot be condoned.
The proposed 2 year sentence is intended to reflect the seriousness
of these offences and is a maximum penalty which should act as a deterrent
to illegal activity. As always, "it would be for the court
to decide on the appropriate punishment in particular circumstances
of each case".
Yours sincerely
Richard Thomas
Information Commissioner
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