Just a thought...

[Tellexman]

if a bailiff did manage to seize someone's laptop containing personal and sensitive data such as bank details etc, would they fall foul of the Data Protection Act?

[natweststaffmember]

Re: Just a thought...

if a bailiff did manage to seize someone's laptop containing personal and sensitive data such as bank details etc, would they fall foul of the Data Protection Act?

No they wouldn't

[Tellexman]

Re: Just a thought...

Quote:
The Act concerns itself with the processing of personal data, not merely possessing it. If the bailiffs did nothing with the laptop, but just held it pending reciept of payment, then no. However, if they sold it, without either destroying the data, or giving the previous owner of it (prior to its seizure) the opportunity to copy or destroy the data, then they may be guilty of an offence.

The Act makes it a legal requirement to adopt appropriate security measures to prevent unauthorised access, alteration or accidental loss or destruction of personal data and failure to remove personal data from a computer's hard drive may result in Crown Court prosecution and unlimited fines, to include personal compensation claims.

With thanks to Cetelco and Amethyst (this was posted in my private mail box this morning - sorry just getting to know how the site works)