** Reply to note from "Okey, Andrew" <[log in to unmask]> Thu, 11 Apr 2002 17:12:55 +0100
> 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.
I could not see where Rebecca was coming from and decided to keep quiet. I
would have thought unless it was made clear the data would be passed on to
"other" researchers outside the original controllers responsibility, the
data subjects should have been informed. Otherwise they should be
transfered in an anonymised format.
I still miss the nitty gritty point but ...
Charles
==============================================
Charles Christacopoulos, Management Information Officer,
Planning & Information Group, University of Dundee, Dundee DD1 4HN,
Scotland, United Kingdom.
Tel: 44(0)1382-344891. Fax: 44(0)1382-201604.
http://www.somis.dundee.ac.uk/ http://somis2.ais.dundee.ac.uk/
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