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DATA-PROTECTION  2000

DATA-PROTECTION 2000

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Subject:

Re: Direct Mktg. and Lists

From:

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Reply-To:

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Date:

Tue, 21 Mar 2000 03:04:40 EST

Content-Type:

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text/plain (87 lines)

Dave

Maybe I've misinterpreted the interpretation part of Schedule 1 but it 
appears to me that if the data subject is not aware of the identity of the 
controller, the representative (if one is appointed), the purposes (i.e. junk 
mailing) and other info such as likely recipients, a breach of the First 
Principle has occurred - regardless of the issue of whether one of the 
conditions of Schedule 2 is met.

My view is that we will have to separate the issues of "fair" and "lawful" 
when assessing whether a breach of the First Priciple has occurred or is 
likely to occur.  Schedule 2 covers only the issue of lawfulness.  In 
addition, Principle Six requires us to have regards to the rights of the 
individual when processing.  Does this not include the right not to receive 
unsolicited junk mail?


Ian Buckland
Keep IT Legal Ltd

>From the Act:

PART II INTERPRETATION OF THE PRINCIPLES IN PART I 
The first principle1. - (1) In determining for the purposes of the first 
principle whether personal data are processed fairly, regard is to be had to 
the method by which they are obtained, including in particular whether any 
person from whom they are obtained is deceived or misled as to the purpose or 
purposes for which they are to be processed.

(2) Subject to paragraph 2, for the purposes of the first principle data are 
to be treated as obtained fairly if they consist of information obtained from 
a person who- 
  
(a) is authorised by or under any enactment to supply it, or

(b) is required to supply it by or under any enactment or by any convention 
or other instrument imposing an international obligation on the United 
Kingdom.

2. - (1) Subject to paragraph 3, for the purposes of the first principle 
personal data are not to be treated as processed fairly unless- 
  
(a) in the case of data obtained from the data subject, the data controller 
ensures so far as practicable that the data subject has, is provided with, or 
has made readily available to him, the information specified in sub-paragraph 
(3), and

(b) in any other case, the data controller ensures so far as practicable 
that, before the relevant time or as soon as practicable after that time, the 
data subject has, is provided with, or has made readily available to him, the 
information specified in sub-paragraph (3).

(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.

(3) The information referred to in sub-paragraph (1) is as follows, namely- 
  
(a) the identity of the data controller,

(b) if he has nominated a representative for the purposes of this Act, the 
identity of that representative,

(c) the purpose or purposes for which the data are intended to be processed, 
and

(d) any further information which is necessary, having regard to the specific 
circumstances in which the data are or are to be processed, to enable 
processing in respect of the data subject to be fair.



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