UK Man Prevented From Finding Chipped Pet Under Data Protection Act 340
Dave Moorhouse was elated when he was informed that a microchip provider had information on the whereabouts of his stolen dog. This joy soon faded when the company informed him that it could not divulge the Jack Russell terrier's location because it would breach the Data Protection Act. Last week a court agreed with the chip company and refused Mr Moorhouse's request for a court order compelling them to reveal the name and address of the new owners. Steven Wildridge, managing director of the chip company said: “This is not a choice, it’s an obligation under the Data Protection Act. If the individuals involved do not want us to pass on their details to the original owner then we cannot do so unless compelled to following a criminal or civil proceeding."
Re:So they can just keep stolen property then? (Score:3, Informative)
Re:So they can just keep stolen property then? (Score:5, Informative)
From the article
Re:So they can just keep stolen property then? (Score:3, Informative)
From the article
Company may be perfectly right (Score:4, Informative)
The company is perfectly right. The judge only refused because the guy asked the wrong judge. This is explained in the article.
The company also is being entirely cooperative and "would encourage Mr Moorhouse to go to a solicitor and start a civil case".
Through a civil case he would be able to get a court order. I don't even think he would need a lawyer for this.
This law is in line with good civil rights: it's the same law that prevents Google from disclosing info about your searches.
Re:So they can just keep stolen property then? (Score:5, Informative)
Yes, he took action against the organisation with the data not the new owners. As the organisation are not at fault they have no liability, as they have no liability the case has no merit not his request for information. He took action against the wrong people, simple as. To get the information all he has to do is go down to small claims court, pay £25, file a notice with the court for discovery against the chip maker for the details of the new owners and the magistrate will probably grant it.
Or he could attempt to get the police to do their jobs, they would be able to get a warrant for this data without issue, but he probably has greater chance of winning the lottery in every country on earth on the same day.
Re:So they can just keep stolen property then? (Score:2, Informative)
Re:So they can just keep stolen property then? (Score:3, Informative)
Re:So they can just keep stolen property then? (Score:5, Informative)
The Daily Telegraph is interested in sensational stories, not making things clear. The Daily Mail (not much better) has this quote:
"A West Yorkshire Police spokesman added: ‘If this gentleman wishes to report a theft to us, we will look into the matter. However, we are obviously unable to give members
of the public people’s address details.’"
http://www.dailymail.co.uk/news/article-1314154/Microchip-firm-wont-tell-dog-owner-stolen-pet.html [dailymail.co.uk]
So it appears that he hasn't reported the dog as stolen, which means that the cops & the company are right not to give him the information. But that's not much of a story, is it?
Re:So they can just keep stolen property then? (Score:5, Informative)
They don't know the location of the dog (the chip is not a GPS device). The only information they have is the contact information for the PERSON who registered the dog, which may not be any indication of the physical location of the dog.
Re:So they can just keep stolen property then? (Score:3, Informative)
Except that is not the case. You don't pay for a chip to let you know where the dog is, you pay for a chip to help you identify the dog. That is the only service provided by the chipping company.
Re:So they can just keep stolen property then? (Score:3, Informative)
The company don't know the location of the dog. The chip isn't a GPS tracking device. It's a type of RFID device. All they know is the details of some PERSON who tried to update the computer record associated with that RFID number. And the company have no choice here. They are not permitted to divulge that information under the Data Protection Act.
Re:So they can just keep stolen property then? (Score:5, Informative)
How are the police supposed to do their job if they do not know there has been a crime? According to other newspapers, this guy STILL has not reported the theft of the dog to the police. The fault lies entirely with the guy who decided the best course of action was to complain to the newspapers rather than filing a police report.
"A West Yorkshire Police spokesman added: ‘If this gentleman wishes to report a theft to us, we will look into the matter. However, we are obviously unable to give members
of the public people’s address details.’"
Re:So they can just keep stolen property then? (Score:3, Informative)
In the US at least it wouldn't be a warrant or a police action. You would just file suit against the chip maker, the vet, and the guy who has your dog as John Doe. During discovery the records would be subpoenaed and John Doe would be named in the suit.
It's the same way you go after an unknown person on the Internet. File suit, name the ISP and the anonymous offender, subpoena the offender's name.
Re:So they can just keep stolen property then? (Score:2, Informative)
There is certainly somehting the police can do: the police handle reports of stolen property all the time (or, at least, when they can be bothered to do their job). Once this guy gets a clue and files a police report, they can investigate, and determine who the real owner is. Since this guy has easy proof the dog is his (the chip), it should end well.
Same situation when your stereo is stolen, and you see in at a pawn shop. If you have some actual proof that it's yours, they police can and should get it back for you.
The difference being in this case, he saw somebody purchase his radio and asked the store clerk "Hey, who was that? Where does he live?"
And the store owner said he couldn't tell him.
So the guy went to the police and said "Hey, the store clerk won't tell me where to find the guy that stole my radio."
And the police said... "Ok. That is their right. If your radio was stolen, file a police report and we'll investigate."
And the guys said... "nah, I'm going to the press!"