If there is an ambiguity, remember that the Courts will be heavily influenced
by Article 11 of the Directive; look at that and see whether the ambiguity
you suggest is present there.
If not, ambiguity resolved
Chris
-----Original Message-----
From: [log in to unmask]
Sent: 22 September 2000 13:05
To: [log in to unmask]
Subject: Meaning of 'relevant time'
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The following message part was sent with the unknown
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OK,
I know the arguments about legal English being precise and unambiguous, but
what use is that if no mere mortal can comprehend it!
If someone could translate (2) (b) for me I would be eternally grateful.
(2) In sub-paragraph (1)(b) "the relevant time" means_
(a) the time when the data controller
first processes the data, or
(b) in a case where at that time
disclosure to a third party within a reasonable period is envisaged_
(i) if the data are in fact
disclosed to such a person within that period, the time when the data are
first disclosed,
(ii) if within that period the data
controller becomes, or ought to become, aware that the data are unlikely to
be
disclosed to such a person within that
period, the time when the data controller does become, or ought to
become, so aware, or
(iii) in any other case, the end of
that period.
This particular section of DPA 98 of course has much relevance to those of
us who regularly acquire personal data from someone other than the data
subject themselves.
In eager anticipation,
Duncan S Smith
Principal Consultant
e-mail: [log in to unmask]
gsm: +44 (0)777 556 8180
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