The discussion regarding the Motor Insurers Database raises an issue which
has troubled me for some time.
How does the Human Rights Act 'proportionality' aspect affect the Data
Protection Act Section 29 exemptions?
If section 29 exemptions have to be proportionate to the matter the
exemption is being claimed for; which on the surface appears to be the case.
What models, vehicles, or decision criteria could be used to assist in
determining if a request to access any particular data for any particular
matter was proportionate?
e.g. 1. An issue relating to an individual who has committed a minor
offence of some type would hardly warrant a full disclosure of all the
material held about that individual by any organisation.
2. An issue relating to an individual who has committed a particulary
serious offence of some type could justify a greater level of disclosure.
Ian W.
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