UK Man Prevented From Finding Chipped Pet Under Data Protection Act

Dave Moorhouse was elated when he was informed that a microchip provider had information on the whereabouts of his stolen dog. This joy soon faded when the company informed him that it could not divulge the Jack Russell terrier's location because it would breach the Data Protection Act. Last week a court agreed with the chip company and refused Mr Moorhouse's request for a court order compelling them to reveal the name and address of the new owners. Steven Wildridge, managing director of the chip company said: “This is not a choice, it’s an obligation under the Data Protection Act. If the individuals involved do not want us to pass on their details to the original owner then we cannot do so unless compelled to following a criminal or civil proceeding."

Comments

So they can just keep stolen property then?

[elrous0]

Why wasn't this treated as a criminal (or even civil property) matter? Aren't the new owners guilty of receiving stolen property? I mean, even if they didn't know it before (assuming they bought the dog from the thief and didn't realize it was stolen), they obviously do now. I've never seen a case where stolen property was found and the cops just let the holders keep it. Maybe fences should start chipping *all* their stolen goods before reselling them ("All these items chipped for your protection. Safe as buying from a reputable store!").

And even if the dog wasn't stolen, it's still the original owner's property, no? Did the UK abolish property rights for pets or something?

Re:So they can just keep stolen property then?

[EndlessNameless]

He has to file suit in order for it to be a civil or criminal matter.

A judge will almost certainly issue an order for the information to be released once he advises the court that his pet has a locator device.

Although the situation is a bit odd, I approve of a law which requires court action before any who isn't me can be provided my location.

The new owners likely have no idea that the dog was stolen, and handling the situation through the courts is much less likely to explode than allowing the company to hand out home addresses to aggrieved parties.

Re:So they can just keep stolen property then?

[omnichad]

From the article
 

Mr Moorhouse contacted the police who also refused to disclose the information after concluding that there was no criminal case to answer.

A judge at Huddersfield County Court ruled that the matter was outside his jurisdiction.

Re:So they can just keep stolen property then?

[Algorithmnast]

Once more, the law trumps _apparent_ common sense. Unfortunately, the common sense approach here forgets one simple thing: any claim of foul play (or if this were a duck, Fowl Play) for property rights has to go through a court system.

I really sympathize with the guy, but if I wanted my pet back, I'd report it as stolen and get the legal ball rolling.

These sorts of laws are meant to stop well-intentioned entities (such as the data companies) from releasing the right information to the wrong people. Want to prove you're the right person? Then prove it as part of the legal process. I'd rather be annoyed than have someone trick the car recovery company into delivering it to them... (yeah a weak analogy - shrug)

Of course, the lawyers (like bookies) still get rich from both parties.

Re:So they can just keep stolen property then?

[Anonymous Coward]

Yes, he took action against the organisation with the data not the new owners. As the organisation are not at fault they have no liability, as they have no liability the case has no merit not his request for information. He took action against the wrong people, simple as. To get the information all he has to do is go down to small claims court, pay £25, file a notice with the court for discovery against the chip maker for the details of the new owners and the magistrate will probably grant it.

Or he could attempt to get the police to do their jobs, they would be able to get a warrant for this data without issue, but he probably has greater chance of winning the lottery in every country on earth on the same day.

Re:So they can just keep stolen property then?

[b0bby]

The Daily Telegraph is interested in sensational stories, not making things clear. The Daily Mail (not much better) has this quote:

"A West Yorkshire Police spokesman added: ‘If this gentleman wishes to report a theft to us, we will look into the matter. However, we are obviously unable to give members
of the public people’s address details.’"
http://www.dailymail.co.uk/news/article-1314154/Microchip-firm-wont-tell-dog-owner-stolen-pet.html

So it appears that he hasn't reported the dog as stolen, which means that the cops & the company are right not to give him the information. But that's not much of a story, is it?

Re:So they can just keep stolen property then?

[gandhi_2]

Ahh, so he has to fill out the Data Protection Act Stolen Dog Exemption Request form, stand in queue at the local magistrate's office.

Then upon 7 fortnights, if the request is granted, he must then fill out the Data Protection Act Stolen Dog Information Request form, again in a queue this time at the Council offices.

Should this form be approved, following a 600 pound sterling filing fee, then he can go on to contract a Solicitor. The Solicitor files a Data Protection Act Stolen Dog Action form with the local Constable....

If the Constable finds wrong doing, the Constable then files a Data Protection Act Stolen Dog Investigation and the Solicitor can have a Barrister take all the above forms, signed in triplicate to stand in queue at the local magistrates office....

Re:So they can just keep stolen property then?

[bws111]

How are the police supposed to do their job if they do not know there has been a crime? According to other newspapers, this guy STILL has not reported the theft of the dog to the police. The fault lies entirely with the guy who decided the best course of action was to complain to the newspapers rather than filing a police report.

"A West Yorkshire Police spokesman added: ‘If this gentleman wishes to report a theft to us, we will look into the matter. However, we are obviously unable to give members
of the public people’s address details.’"

Re:So they can just keep stolen property then?

[MozeeToby]

You forgot one: Unless it's a violent or significant crime, orit generates revenue the police just aren't interested. In my experience, police spend 90% of their active time doing the later.