"Tipping-off" revisited

[Richard Clayton]

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In article <BC28A9E979C56C44BCBC2DED313A4470784A@bond.campus.ncl.ac.uk>,
Q G Campbell <Q.G.Campbell@newcastle.ac.uk> writes

>S.54(10) allows that a third-party may become aware of the "secrecy
>provision" and can be proceeded against for "tipping-off".

In fact it provides a statutory defence for the numerous people who
might be involved in handling a notice

     authorized by the giver            S54(9)(c)
     or owning the data                 S54(9)(d)(i)
     or having data thrust upon them    S54(9)(d)(ii)

where these numerous people aren't named on the notice, and someone
forgets to pass on the secrecy provision.

In such a case (secrecy provision not passed on) but passing on of the
notice being allowed, I'm not sure that an S54 offence is committed by
the forgetful person :) if someone else does the tipping off.

>What happens if I see a revocation certificate from Owen and publicly
>state on this list that the inference I have made from this action is
>that "Owen has been served a s.49 notice with a secrecy provison"?

The prosecution will need to prove the elements of the offence, which
are to found at S54(4)

     "A person who makes a disclosure to any other person of anything
     that he is required by a section 49 notice to keep secret shall be
     guilty of an offence..."

your defence would be that you were not bound by the notice since it was
neither addressed to you nor did you have a copy of the notice.
Deduction, you will claim, is not the same as knowledge.

I expect the prosecution would then claim you were in collusion, you
would refute this (hard to prove a negative as usual) and the jury would
decide which of you was wearing the prettiest tie.

>But if the inference I drew was correct, and I was believed, then I have
>tipped-off everyone, defeated the secrecy restriction in the s.49
>notice, and ruined a major anti-something operation being run by the
>issuing LEA. Precisely all of the things s.54 is supposed to prevent!

Alternatively, you might be charged with perverting the course of
justice...

- -- 
richard @ highwayman . com                       "Nothing seems the same
                          Still you never see the change from day to day
                                And no-one notices the customs slip away"

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