Data Protection Act

[Ringlet]

Hi everyone, I understand that if a government worker passes confidential information to a third party, that is breaking the law through a breach of the principles of the data protection act. But what is the position of the "third party" who willingly receives the information? Would that person be considered to be complicit in breaking the law? Many thanks

[ummmm]

How is the 'third party' to know the information is confidential?

[woofgang]

I think it would depend. There may be an argument if they knowingly received the confidential information or asked for it, but if the person with the information just told it to them or said "look at this" then they might not know it was confidential even after they knew the information or they might have realised once they heard/saw the information but of course you can't unsee or un hear it. Of course, however they get hold of it, if they use it or pass it on once they know its confidential then they are in the do do too.

[237SJ]

Don't think so. I do a refresher course on basic Data Protection laws every year and I think it's only the holder of the information that would be breaking the law.

[hc4361]

No. The third party is not bound by the DPA - the only time the third party could be breaking the law is if he bribed the government worker, then the offence would be bribery.

[Peter Pedant]

blimey people have short memories
Nothing to do with data protection

After Ponting admitted revealing the information, the Ministry of Defence suspended Ponting without pay.[6] On 17 August 1985, he was charged with a criminal offence under Section 2 of the Official Secrets Act of 1911.[7][6] The Prime Minister, Margaret Thatcher, had his pay reinstated once she had been briefed on what had happened.[6] Ponting's defence at the trial was that the matter and its disclosure to a Member of Parliament was in the public interest.[7] This was the first case under the Official Secrets Act that involved giving information to Parliament.

[ummmm]

1985? Short memories? I was 12!