Accusations of Criminality

Section 184 of the Data Protection Act 2018 – ‘Enforced Subject Access’

Given the delays associated with disclosure of police crime & RTC (collision) reports and that some insurance companies are excluded from engaging the ABI/NPCC MoU, it is unsurprising, some insurers or their representatives have turned to the Data Protection Act. To date, 4 constabularies have resisted disclosure:

1. Used a template letter to refuse Third-Party Subject Access (TP SAR) requests for information, a.k.a. ‘Right of Access’ (RoA) approaches, citing s.184.
2. Citing s.184, considered a TPSAR approach ‘not in the spirit of the Act’
3. Having received TPSAR requests from ‘others’ also cited the criminal offence, yet seemingly cannot identify these ‘others’.
4. Has maintained that a TPSAR is unlawful

‘1’ & ‘2’ above issued apologies; they were wrong to cite s.184, to suggest the criminal offence had been committed. They continue to resist disclosure. ‘3’ & ‘4’ are the subject of further correspondence, though the ICO has reinforced previous findings, the Commissioner is satisfied no offence has been committed!

It appears odd that 4 separate constabularies, acting independently(?), have all reached for s.184, are all ignorant of the simple legislation which has just two constituent parts, a ‘two-part test‘ that the above 4 approaches failed to satisfy!

Demands for crime / RTC reports do not fall under Section 184 of the DPA 2018 – read more here.