Ian, et al
When I decided to notify (voluntarily - prior to my existing registrations expiring) I secifically asked ODPC (as was) whether or not I thereby lost all entitlement to transitional relief. I was assured this was not so. ie although I am proceding totally and fully in every way as though 1998 was fully and completely in now, I could still claim transitional relief if I wished/needed to.
Dave U
South Glos Council
>>> <[log in to unmask]> 21/02/2001 09:30:24 >>>
In a message dated 19/02/2001 16:35:00 GMT Standard Time,
[log in to unmask] writes:
<< Eligable automated data qualify for certain exemptions under the new 98
Act's first transitional period, until 23/10/01. Although it may first
appear that the effect of these exemptions is the temporary retention of
the old Act, this is not so - some of the DP definitions have changed, as
have some of the principles. >>
-----------------
This is technically correct but the effect of the transitional relief is that
eligible data is exempt from the parts of the Principles that are "new" -
effectively requiring compliance with the old principles until midnight
23/10/01.
For example, under P1, the requirement for compliance with schedules 2&3 does
not apply, the requirement for extra info on the controller's identity,
identity of representative, do not apply. As another example, certain
sections of P6 do not apply if they were not in the old P7.
So, in effect, compliance with the old principles until the end of the first
transitional period for eligible automated processing.
If Chris's registration runs out in April he will have to notify under the
new rules but he does not lose the transitional relief as far as I am aware.
Any contra-views?
Ian Buckland
MD
Keep IT Legal Ltd
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