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You are here: BAILII >> Databases >> Jersey Law Reports >> Cole v States Police [2007] JLR 606 (13 December 2007)
URL: http://www.bailii.org/je/cases/JLR/2007/JLR070606.html
Cite as: [2007] JLR 606

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Cole v States Police 2007 JLR 606 (13 December 2007)

Tort-breach of confidence-unauthorized disclosure-disclosure by police of applicant's criminal record to potential employer unauthorized without explicit consent-whether consent given is matter of fact-standard of evidence required depends on sensitivity of information and extent and purpose of disclosure-under Data Protection (Jersey) Law 2005, criminal record is "sensitive personal data" and processing requires data subject's "explicit consent," i.e. clear and detailed consent with no room for confusion or doubt-mere knowledge police checks to be undertaken and no objection (because mistaken belief convictions spent) not explicit consent

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