The Data Protection Act does not necessarily *require* you to notify Data
Subjects of anything. The Fair Processing Code in Schedule 1, Part II, para
2 says that the Data Controller has to 'ensure so far as practicable' that
the Data Subject 'has, is provided with, or has made readily available'
certain information (see below).
Where the data has not been obtained directly from the Data Subject, this is
qualified in two ways: 1) the Data Subject has to have the information
'before the relevant time or as soon as practical after that time' (which
seems to mean not until the data is used), and 2) the Data Subject doesn't
have to have the information at all if the provision would involve 'a
disproportionate effort' or the recording or disclosure is required by law.
(para 3)
The information that has to be provided or made available is listed in para
2 (3) - basically who you are, what you're doing and 'any further
information ... to enable processing ... to be fair'.
What I think this means is that where you get information from a third party
you don't have to tell the Data Subject anything a) if they already know, or
should know (perhaps because the person giving you the data has told them),
or b) if it would involve you in disproportionate effort. Someone braver
than me might like to take over from here.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: Roy Candy <[log in to unmask]>
To: <[log in to unmask]>
Sent: 07 September 2001 12:23
Subject: Notification to Data Subjects
> Could anyone kindly quote the section of the DPA 1998 which requires data
controllers to notify data subjects when personal data are received from a
third party. I shall be very grateful as I cannot find it.
>
> Roy Candy Data Protection Officer
> Northampton General Hospital NHS Trust (01604 545885)
>
> This e-mail may contain confidential information and/or copyright material
and is intended for the use of the addressee only. Any unauthorised use may
be unlawful. If you receive this e-mail by mistake, please advise me
immediately. Thank you.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|