Sorry Ian I have to say "don't go there" and re-iterate my earlier
comments. The legislature , whether European or UK, recognizing that
debates about "ownership of data" is futile and meaningless has created the
next (best) proximate concepts of "fairness" etc. incorporated in the
Directive and the Act. The law has to operate in the real world - the
concept of "ownership" of an intangible, infinitely reproducible "thing"
is, quite literally, meaningless - conduct the debate within the context of
the Act.
Alasdair warwood
----------
> From: Ian Welton <[log in to unmask]>
> To: [log in to unmask]
> Subject: Re: Who owns my data?
> Date: 24 October 2000 23:40
>
> There does seem to be a real issue of understanding and clarity needed.
>
> Historical legal definitions of ownership, and legal recourses, do not
> appear to have been intended or determined with the electronic
environment
> in mind, many of them actually pre-date the circumstances existing today.
> Difficulties with copyright are an example of this (although not directly
> comparable). A compounding factor which does make DP hard law to
> administer, is that many definitions relating to privacy are unique to
the
> circumstances appertaining and parties involved.
>
> Some of the legal concepts of ownership may fit today's circumstances,
and
> must rightly be used, unless society or legislation determines otherwise.
> Considering that statement and the scope of other areas left open for
> interpretation, a situation arises which is pushing toward trying to
define
> 'ownership' of personal data, albeit in a looser way than historically
> understood in the legal sense. Is that not the situation we are in at
the
> moment?
>
> It is my opinion that if a definition acceptable to all parties is not
> identified then privacy aspects will constantly cause serious disputes to
> arise.
>
> Ian W
>
> ----- Original Message -----
> From: <[log in to unmask]>
> To: <[log in to unmask]>
> Cc: <[log in to unmask]>
> Sent: Tuesday, October 24, 2000 9:31 PM
> Subject: Re: Who owns my data?
>
>
> > [log in to unmask] wrote:
> >
> > << Sorry, but you do not 'own' it. Information is not owned in that
way.
> If
> > the people you talk about came across the information in any other way
> > you cannot get it back since you have not lost it.
> >
> > What you may have are certain rights, short of ownership, which can be
> > related to the data. Rights of confidence, copyright, and newly any
> > privacy rights you manage to assert.
> >
> > It is unhelpful and misleading to call these ownership with any intent
> > to indicate a meaning in law.>>
> >
> > -------------------------
> >
> > Sorry, I was using the common definition of ownership, not the legal
> > definition, in relation to the information held about me by
organisations.
> >
> > But if I don't own the intangible data, surely no-one does and this
could
> > easily become a pedantic, pointless argument.
> >
> > I believe the discussion taking place is really a question of
"authorised
> > use" rather than "ownership" and therefore my points (even if not the
> legally
> > correct answer) are perfectly valid.
> >
> > It may be unhelpful in this instance to muddy the waters further by
using
> > strict legal definitions as the DPA does not refer to, nor rely upon,
> them.
> >
> >
> > Ian B
>
>
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