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HURDLER1

Data protection breach

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HURDLER1

I still can't get my head around data protection breaches. In an Enforcement role a question has been raised which was is it a day protection breach to inform a victim that a perpertaror has had a caution? Should the victim be given this information or should they be told that the highest actions possible have been taken. If the perpertaror complains that the victim has caused him distress by telling others he has recieved a caution does this justify a data protection breach? 

 

I thought it wouldn't be a problem to update a victim with actions taken but this has thrown a new spanner in the works. 

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Sceptre

Why would you think that updating the victim in this way would be forbidden, which section of the DPA do you think is being breached here? Victims are entitled to be kept informed about investigations and told when an offender is given an out of court disposal according to the Victims Code of Practice after all.

As for the victim going around telling other people about what's happened, if they aren't committing any offences then there's nothing to stop them.

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BlueBob
3 hours ago, HURDLER1 said:

I still can't get my head around data protection breaches. In an Enforcement role a question has been raised which was is it a day protection breach to inform a victim that a perpertaror has had a caution? Should the victim be given this information or should they be told that the highest actions possible have been taken. If the perpertaror complains that the victim has caused him distress by telling others he has recieved a caution does this justify a data protection breach? 

 

I thought it wouldn't be a problem to update a victim with actions taken but this has thrown a new spanner in the works. 

So tow initial questions on your info.
Was the offender already known to the victim?
Was the victim told the offender was Fred Smith-Jones of 23B1 High Street etc or simply told that. person has been dealt with.
Overall, as above, what part of DPA do you see has been breached or equally, what part of ~DPA would say that it was acceptable?

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Billy Blue Tac

I'm struggling to see what damage your spanner will actually do.

Have a look at the Code of Practice for Victims of Crime, especially para 2.1 on page 22:

A victim of crime is entitled to be informed of a decision:

• to prosecute the suspect;
• to give the suspect an out of court disposal, such as any caution given by the police; or 
• not to prosecute the suspect.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/476900/code-of-practice-for-victims-of-crime.PDF

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