Robbery at work

[weedalli]

I may not have the right forum, but it is an employment problem.

 

Last November I was involved in a robbery at work, I gave a statement to the police.

 

Is it normal for the police to show my employer my statement ie the next day?

[godpikachu]

well, your works will be carrying its own investigtion out for insurance purposes, so they would need to see the statments of all involved anyway to ascertain if it was an "inside job" or not.

 

if you werent involved in the robbery, then theres nothing to worry about really, unless they try to use it against you in some fashion.

[weedalli]

Hi, a boss in the firm is using it against me, even though there are witnesses to the robbery. It's quite a complicated story, which hopefully will be resloved shortly, I'll post the full story when that happens, to show the lenghts a boss will go to, to get rid of an employee...

[p_cas]

Your original post makes it sound like you were part of the robbery?

[weedalli]

It does seem to read like that, sorry, first time I've ever posted in a forum. I was working when someone (could use a better word, but public forum) came behind my counter, threatened me with a knife and stole a small amount of money and my handbag. Two yrs ago, same company, different location I had locked up and was leaving work, when I had a gun held at my head while another person snatched my handbag, got a wollop for that because I wouldn'd let go, but I was more frightened of that knife.

 

I've now decided it must be my designer handbags there after, fashion by Oxfam, sorry, I'm being cynical. Needless to say I've now decided after being in this line of work for 15yrs, it's time for a change of career, if there's anything out there.

[Sali]

You must be a very unlucky to have been subjected to two crimes involving weapons.

 

I am concerned that that the police broke the Data Protection Act by sharing your witness statement with other parties. Did the statement contain your personal details, like your dob? I don't see how the police can consider the employer innocent and make him privy to employees' statements until the investigation is concluded. It would be for the police to determine whether it was an inside job.

 

I would be as mad as hell if the police did this to me. It could potentially damage irrevocably the employer/employee relationship.

 

I would seriously consider checking with the Information Commissioners Office. Don't bother checking with the police first; it's doubtful whether you'd get an informed or honest answer. Get the facts from the horse's mouth. If they have indeed broken the law, think seriously about making a formal complaint.

[patdavies]

I am concerned that that the police broke the Data Protection Act by sharing your witness statement with other parties. Did the statement contain your personal details, like your dob? I don't see how the police can consider the employer innocent and make him privy to employees' statements until the investigation is concluded. It would be for the police to determine whether it was an inside job.

 

 

They haven't breached the Act. The s.29(1) & s.35 (2)(a) exemptions apply throughout their investigation.

 

29 Crime and taxation

 

(1) Personal data processed for any of the following purposes—

(a) the prevention or detection of crime,

(b) the apprehension or prosecution of offenders, or

© the assessment or collection of any tax or duty or of any imposition of a similar nature,

are exempt from the first data protection principle (except to the extent to which it requires compliance with the conditions in Schedules 2 and 3) and section 7 in any case to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection.

 

35 Disclosures required by law or made in connection with legal proceedings etc

 

(1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(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,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

[Sali]

This would refer to disclosure of the victim/witness statement in the event of legal proceedings to such bodies as the Crown Prosection Service or Magistrate's Court. I cannot believe that the police have the right to show other parties (involved or not) your statement during an investigation without your permission.

[patdavies]

This would refer to disclosure of the victim/witness statement in the event of legal proceedings to such bodies as the Crown Prosection Service or Magistrate's Court. I cannot believe that the police have the right to show other parties (involved or not) your statement during an investigation without your permission.

 

You may like to think that - but you would be wrong.

 

The exemptions in the Act are just that - exemptions. There is nothing that limits the exemptions in terms of to whom the data is disclosed.

 

Think about it for a minute. If you give a statement to the Police, they will likely show it to a potential suspect during questioning to prove/disprove statements by the suspect.

 

Any statement given by you cannot be limited to CPS or Magistrates' Court. What about Crown Court? What about evidence disclosure requirements to the accused? What if the information needed to be passed to HMRC, Immigration, local authority, etc; The list is potentially endless.

[Sali]

I would consider it to be 'leading a suspect' or 'entrapment' if my witness statement was shown to a suspect.

 

Out of interest I contacted the Force Data Protection Officer. His response was that it would depend on the circumstances, but they can pass witness statements to other statutory authorities and to external companies like insurance companies if the reason is compatible with their policing purpose, which is prevention and detection of crime and apprehension and prosecution of offenders. He also said witness statements are passed to the defence in court cases, although address and contact details are normally withheld.

 

In this particular post, the witness is also the victim. If I was in such a situation and I found out that my statement had been shown to my employer without my permission (and why should he/she be considered not to be involved in the crime) I would make a formal complaint.