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Planning Investigations and Legal Background for Tough Interviews 165

NUMERICAL NONSENSE                            not only can you reverse the number, the
                                              Website gives a street map showing adjacent
Mandarins working for the Information         subscribers, their telephone numbers and also
Commission do not like British people being   the photographs of the buildings concerned.
able to work out the identity and address of
a telephone subscriber from his telephone        Our requests to the Information
number. Goodness knows why. In most           Commissioner for clarification of its
other EU countries, whose laws are based on   interpretation all went unanswered. The
the same convention, the reverse telephone    reason is obvious: they cannot justify it!
directory is part of the service. In France,

CANCER RESEARCH                               doctors who have patients who could
                                              benefit from the treatment.
The Head of the Institute of Cancer Research
has complained that the Department of
Health would not supply information on

DESTRUCTION OF EVIDENCE

In March 2001, the Divisional Court           evidence that might have been potentially
remitted a case for reconsideration in        relevant. The defendant argued that
the Crown Court because, presumably           absence of the evidence deprived him of the
under the Data Protection Act’s retention     right to a fair trial. The court agreed
provisions, police had destroyed video

    The fact is that even the most sensitive data can be collected, processed and retained
providing the proper registration has been made and other standards, subject to data access
conditions are met and disclosure is made only to registered third parties. For example, data
supplied by employees on their job application forms, pension plans, salary, transaction
records and just about anything else can be processed for crime prevention and investigation
purposes.

OFFICIAL SECRETS AND POLICE RECORDS

Although the all-embracing Section 2 of the Official Secrets Act 1911 has been repealed,
many of its provisions have been replaced by the Data Protection Act and the circumstances
in which government bodies can disclose information are very limited.

    Thus for any professional investigator, vehicle licensing, police and other governmental
records are absolutely taboo and under no circumstances, short of a court order, should they be
sought. Even the most mild attempt to obtain them can result in criminal prosecution under
the Data Protection Act, and deservedly so.

    However, at the appropriate time, suspects can be asked to obtain a certificate from the
Criminal Records Bureau under Part IV of the Police Act 1997. The result is admissible in both
civil and criminal proceedings.
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