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Scammed on Gumtree any help or info would be appreciated!
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earthstorm wrote: »Under the Data Protection Act, if a serving police officer with his warrant card request details from a bank in the line of his duty then the bank must release these details too him
http://www.ico.org.uk/for_organisations/data_protection/the_guide/exemptions0 -
So you are saying then that the police act as the judge and make their own decision about the validity of a case?
The Police and many other law enforcement agencies such as Trading Standards, HMRC, Environmental Health, HSE etc have a role of investigating crime and presenting the evidence to a court.
During the course of the investigating they may have to obtain data that is protected by the Data Protection Act - they will usually have powers that override the DPA to get the information to assist with their ivnestigation - in addition the info can be provided voluntarily.
The Police do not act as judge and jury because once they have investigated the case goes to court.
You seem to be suggesting that every time the Police need to obtain personal data they should get the courts involved - that simply doe snot happen and is not necessary.
The law will provide circumstance under which Police can obtain data and those will be subject to certain safeguards - for exmaple that reasonable suspicion is needed of an offence.
I am not sure I get your actual question - of ocurse the Police will decide on how valid a case is - it is their job to investigate and use the tools have - the decision on whether someone is guilty of a crime or not is down to the court.0
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