Rebecca - the term "processing", of course, includes disclosure. Further into
section 33, para 5 states that "for the purposes of [the research exemptions]
personal data are not to be treated as processed otherwise than for research
purposes merely because the data are disclosed - (a) to ANY person for research
purposes only...."etc.
And so to schedule 1 part 2. The key questions being (i) have you, so far as is
practicable, provided relevant fair processing info to the subject? and (ii) if
not practicable, is that because such provision would involve disproprotionate
effort?
So - you can use the disproprortionate effort argument here. I'm not saying
that you SHOULD, of course, and it would take an army of lawyers to sort it
out. But if the data is low-key, if it was originally provided for research in
any case, if nothing is likely to challenge the basic rights of subjects not to
suffer damage and distress, and if it would be vast quantities of effort and/or
impossible to make contact with the subjects, then you would certainly have a
case.
If you want to avoid all likely implications, is there any way you could strip
the data of all personal identifiers? That would be the safest option.
Andrew Okey
Lancaster University
-----Original Message-----
From: Rebecca Hughes [mailto:[log in to unmask]]
Sent: 11 April 2002 16:59
To: [log in to unmask]
Subject: Research
Can anybody help me out, I'm having a mental block.
Research Exemption.
Further processing of data will not be considered incompatible with
the purposes for which they were obtained if that further processing
is for research processes.
However, if I collect data for one purpose and then transfer it to a
third party for THEIR research without warning the data subject, am I
not in breach of Principle 1?
Rebecca
-------------------
Rebecca Hughes
Administrative Officer (Data protection)
Ext. 3355
[log in to unmask]
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