I'm not a lawyer, so this may be just a matter of my own ignorance, but does
'in the public domain' mean the same as 'information which the data
controller is obliged by or under any enactment to make available to the
public'? (See s.34 of the Act.)
I have often noticed people saying, in effect, 'Data protection doesn't
apply (in some way) because this information is in the public domain', but
they often seem to be referring to information which happens to be already
public knowledge or publicly available, not the more restrictive definition
in s.34 of the Act.
Take the example of a directory published on CD-ROM where people have
consented to be included. I can see a case for saying the you can use this
for its intended purpose without telling the data subjects that you are
processing their data, and I can imagine that your security measures would
not have to be at all stringent. What I can't see is anything in the Act
that says I can ignore data protection completely, just because the
information I'm using has been made public in some way.
Am I missing something here?
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: 05 July 2001 09:37
Subject: Re: Publication of Exam Results
> Mary,
>
> We tell students on the enrolment card that their names will be printed in
> the local press and we also give them the option to have their names
> excluded from publication. I doubt that you could argue that this
> information would be in the public domain already, unless there is some ye
> olde ruling that says that graduates names are in the public domain and
> that this overrides the DPA. If there is, I am unaware of it!
>
> Matt Nunn
>
>
>
>
> "Thomson, Mary" <[log in to unmask]>@JISCMAIL.AC.UK> on 05/07/2001
> 09:23:43
>
> Please respond to "Thomson, Mary" <[log in to unmask]>
>
> Sent by: This list is for those interested in Data Protection issues
> <[log in to unmask]>
>
>
> To: [log in to unmask]
> cc: (bcc: Matthew Nunn/Registry/Southampton Institute)
> Subject: Publication of Exam Results
>
>
> Morning . . .
>
> Our registry in past years have forwarded the names of graduates to the
> local press for publication in the special graduation edition of the
paper.
> We do not expressly tell students when they enrol that this will be done .
> .
> however, am I correct in thinking that this information can be classed as
> being in the public domain and therefore we are OK to continue as we have
> in the past. Advice would be welcomed.
>
> Mary Thomson
> Legal Executive, University of Teesside
> Tel: 342028
>
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