Email: Taken to task

Regarding Damian Kemp's [Boating Communications Manager at Canal & River Trust] assertion that: 'We may also contact a marina, which is legal through the Data Protection Act S.35(2). This is all we have done in this case'. I would take task with this for various reasons, namely, section 35(2) allows the disclosure of data where:

(a) For the purpose of or in connection with any legal proceedings (including prospective legal proceedings) or

(b) For the purpose of obtaining legal advice

So I would ask:

What are the legal proceedings, prospective or otherwise or what legal advice was being sought?

I do not think that: 'If our records don't appear to match the declaration regarding the home mooring for a particular boat, we contact the boater for clarification. We may also contact a marina which is legal through the Data Protection Act S.35(2)'.

Is a valid use of this section of the DPA, as there are no legal proceedings in place or at this stage remotely foreseeable for what is merely a records mismatch.

'This is all we have done in this case', is disingenuous & CaRT should face legal action for this. If it were me I think that I would take proceedings.

CaRT needs to wake up and stop treating their donors in this manner. Things are getting out of hand, and it appears to be CaRT causing it through its ill-conceived actions

Tug Wilson