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Barton v Home Office
Comment
A rare example of a claim (in respect of the 1996 Report) failing completely by reason of the exceptions set out in the transitional provisions in Sch 8. The 1996 Report was eligible manual data as it was created and subject to processing before 24th October 1998. The Defendant was able to claim the benefit of the exemption from the 4th Principle granted in respect of the recording of information received from a third party under Sch 1, Part II, para 7. Under that paragraph, the court must have regard to the purposes for which the data was obtained. In the case of prison intelligence records, there are powerful public policy reasons why all reports concerning safety and security in the prison are recorded. To claim the exemption, if the data subject has notified the defendant that he considers the data is inaccurate, the data must be amended to indicate this. In this case, the prison records had been so amended which illustrates the importance of keeping records up to date.