Ummm... don't have my copy of the Act to hand, and I'm terrible at
remembering Sections, Schedules, etc., however I seem to recall that huge
chunks protection go out the window if the Data Subject has put the
information in the public domain of their own accord. Seems to me that this
is exactly what the Hamiltons have done.
Being a confirmed conspiracy theorist I can't help but wonder if this is
quite deliberate in order to prevent it ever coming to trial - on the
grounds that they can't possibly have a fair trial because of the media
coverage. (The media coverage that they have fed and encouraged...)
Stuart Cashmore
Data Security Manager
McKessonHBOC (UK), No. 1 Nine Elms Lane, LONDON SW8 5RR
Tel. 020-7819 5083 (with Voicemail)
Mob. 07799-790019
Fax. 020-7819 5100
e-mail [log in to unmask]
<mailto:[log in to unmask]>
-----Original Message-----
From: Broom, Doreen [SMTP:[log in to unmask]]
Sent: 21 August 2001 12:18
To: [log in to unmask]
Subject: Re: DPA and Hamiliton Allegations
Hi Dave
I thought it was more Human Rights i.e. rights to privacy. The only
argument would be that a trial could be prejudiced due to the fact
that
there has been so much publicity and any future jury could have
already made
up their minds about the couple - automated decision making ...who
knows???
and then there would be an appeal if found guilty ....and it will
run and
run and run!
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
> -----Original Message-----
> From: Dave Wyatt [SMTP:[log in to unmask]]
> Sent: 21 August 2001 11:42
> To: [log in to unmask]
> Subject: DPA and Hamiliton Allegations
>
> What is the lists view of the media allegations regards the
Hamiltons in
> respect of application of the DPA?
> Does the DPA give them any recourse to compensation, Section
> 13(2)referencing the special purposes appears to indicate
possibility. As
> data would be 'sensitive' (alledged offence) does Section 32(2)a
exempt
> the
> media from processing and fairness conditions as elements of
principle 1.
> I
> assume the processing would be argued as due to 'Public interest'
of the
> story re the profile of individuals.
>
> Be interested in analysis of the Acts application by others on
list. Ive
> seen no mention of DPA yet regards this story.
>
> David Wyatt
>
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