Re: Powers of entry without warrant
Good points, but they miss the "key points"
- Criminal search warrants can be tricky, and the ICO if they're contemplating criminal charges should simply turn the matter over to the CPS, as happened in respect of all the data protection criminal convictions associated with a certain naval-sounding insurance group a few years back.
- civil Search Orders ought to be relatively straightforward, plus the RCJ has a dedicated Applications court plus a 24/7 duty judge for genuine emergency applications, plus civil judges (paradoxically) have occasionally useful powers instantly to jail people for contempt for up to two years (without charge or trial or appeal). As with a certain notorious cellphone-not-being-switched-off-in-court episode a few years back...
- Here's the amusing "killer" - obviously the publicity has eliminated any chance of any judge considering this an emergency or something that must be done without notice (aka ex parte aka without the other party represented at first hearing). Because if they had factual grounds to need such an order, they wouldn't have blabbed. Which in turn undermines the ICO's opportunities ever to secure the Order it seeks!
Biting the hand that feeds IT
