ChatterBank0 min ago
data protection act
Can anyone tell me. If I recieved an email from someone can I use that email as evidence in a court of law or would I be barred from using it because of the Data Protection Act. If I was barred then, could I just type the message onto another peice of paper, then use it?
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Bear in mind, oldmancap, that the purpose of the Data Protection Act (DPA) is to prevent the misuse of data (whether held electronically or otherwise).
Many people fall under the misapprehension (as you seem to have) that using any information at all which identifies people is prohibited. This is obviously nonsense as it would prevent many legitimate activities by organisations and individuals from taking place.
Furthermore, it only applies to that data which is held, or intended to be held, on computers or held in a 'relevant filing system'. As well as this, normal �domestic use� is not covered by the Act. There are no restrictions on individuals holding data on others for personal use (e.g. as an �address book�, either on paper or in a telephone or computer).
If someone has sent you an e-Mail, even if their identity can be established from that e-Mail, you do not suddenly become a �Data Controller� as defined by the Act and are not subject to its provisions. If you wish to use the e-Mail as some sort of evidence this would be perfectly acceptable, just as producing a letter for the same purpose would be.
Many people fall under the misapprehension (as you seem to have) that using any information at all which identifies people is prohibited. This is obviously nonsense as it would prevent many legitimate activities by organisations and individuals from taking place.
Furthermore, it only applies to that data which is held, or intended to be held, on computers or held in a 'relevant filing system'. As well as this, normal �domestic use� is not covered by the Act. There are no restrictions on individuals holding data on others for personal use (e.g. as an �address book�, either on paper or in a telephone or computer).
If someone has sent you an e-Mail, even if their identity can be established from that e-Mail, you do not suddenly become a �Data Controller� as defined by the Act and are not subject to its provisions. If you wish to use the e-Mail as some sort of evidence this would be perfectly acceptable, just as producing a letter for the same purpose would be.
Thank you New Judge for your clear and concise answer to my question. This is just the answer I needed as I was speaking for myself as an individual and not as a part of an organisation. If there were 10 stars in the ratings I would gladly award them to you for your answer. Thank you very much
Regards,
Oldmancap
Regards,
Oldmancap