"This is an operational matter and not a policy matter. It would be quite wrong for me to make a public statement relating to an individual case. Apart from any other considerations, that could prejudice any future trial. Senator Syvret should not be treated differently to any other member of the public." - Ian Le Marquand, Home Affairs Minister.
Presumably any member of the public suspected of infringing the Data Protection Law can expect to be arrested when they step out their front door, kept in custody for over six hours, and have their house ransacked - without the authorisation needed under Schedule 9, Article 50 of the Data Protection Law? Certainly Senator Syvret should not be treated differently to any other member of the public, but should any member of the public be treated like this? Ian Le Marquand seems to imply that they would be!
As an anonymous poster noted on Stuart's blog, the Data Protection Law is quite specific in these circumstances! I do hope someone asks Emma Martins how most of the details required below seem to have been completely ignored by the police. Part of the good operation of the police is to follow the law themselves, not become a law unto themselves. Somehow Ian Le Marquand seems to have forgotten this. Perhaps he should read the relevant law?
ENTRY AND SEARCH OF PREMISES, OBTAINING INFORMATION
ENTRY AND SEARCH
In this Part -
"occupier" of premises includes a person in charge of a vessel, vehicle, aircraft or hovercraft;
"premises" includes a vessel, vehicle, aircraft or hovercraft;
"warrant" means warrant issued under this Schedule.
2 Entry and search
(1) If the Bailiff or a Jurat is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting -
(a) that a data controller has contravened or is contravening any of the data protection principles; or
(b) that an offence under this Law has been or is being committed,
and that evidence of the contravention or of the commission of the offence is to be found on any premises specified in the information, the Bailiff or Jurat may issue a warrant to the Commissioner.
(2) The Bailiff or a Jurat shall not issue a warrant in respect of any personal data processed for the special purposes unless a determination by the Commissioner under Article 45 with respect to those data has taken effect.
(3) A warrant may authorize the Commissioner or any of the Commissioner's staff at any time within 7 days of the date of the warrant to enter the premises, to search them, to inspect, examine, operate and test any equipment found there which is used or intended to be used for the processing of personal data and to inspect and seize any documents or other material found there which may be such evidence as is mentioned in sub-paragraph (1).
3 Additional conditions for issue of warrant
(1) The Bailiff or a Jurat shall not issue a warrant unless satisfied -
(a) that the Commissioner has given 7 days' notice in writing to the occupier of the premises in question demanding access to the premises;
(b) that either access was demanded at a reasonable hour and was unreasonably refused or although entry to the premises was granted, the occupier unreasonably refused to comply with a request by the Commissioner or any of the Commissioner's staff to permit the Commissioner or the member of staff to do any of the things referred to in paragraph 2(3); and
(c) that the occupier, has, after the refusal, been notified by the Commissioner of the application for the warrant and has had an opportunity of being heard by the Bailiff or Jurat on the question whether or not it should be issued.
(2) Sub-paragraph (1) shall not apply if the Bailiff or Jurat is satisfied that the case is one of urgency or that compliance with that sub-paragraph would defeat the object of the entry.
A person executing a warrant issued under this Schedule may use such reasonable force as may be necessary.
5 Police officer may accompany
A person executing a warrant issued under this Schedule may be accompanied by a police officer during its execution.
A warrant shall be executed at a reasonable hour unless it appears to the person executing it that there are grounds for suspecting that the evidence in question would not be found if it were so executed.
7 Warrant to be shown
(1) If the person who occupies the premises in respect of which a warrant is issued is present when the warrant is executed, the person executing it shall show the warrant to that person and supply him or her with a copy of it.
(2) If that person is not present, the person executing it shall leave a copy of it in a prominent place on the premises.
(1) A person seizing anything in pursuance of a warrant shall give a receipt for it to the person in occupation of the premises if the latter asks for it.
(2) Anything so seized may be retained for so long as is necessary in all the circumstances but the person in occupation of the premises in question shall be given a copy of anything that is seized if the person so requests and the person executing the warrant considers that it can be done without undue delay.
JON COMMENTS - As I have explained elsewhere, I will not tolerate comments on individual blog posts where the nature of those comments, usually crass and insulting, wou...
1 day ago