Observation.
>What you must bear in mind is that publication of personal data on the net
>is in effect a transfer of personal data outside the EEA (www. means
>world-wide)
Take care over interpretations which have legal implications.
'Publication'is not the same as a 'transfer'.
e.g. You have capability to hold data on a home PC and connect that PC to
Internet for others to come and retreive any data held on it. I do not
believe you can argue the host has 'transfered' but simply made the data
available for anyone else to retreive and transfer. Potential security
failure or unfair use but not a transfer.
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Stuart Lynch
> Sent: 17 January 2002 12:16
> To: [log in to unmask]
> Subject: Re: Public Documents
>
>
> Derek
>
> For any information a local authority is obliged to publish, there is a
> piece of legislation which sets out what must be published. I
> have not seen
> any legislation which specifies the form in which the information must be
> published, so I have always concluded that there is nothing to prevent
> publication on the internet. Several local authorities have
> published their
> Planning Registers, for example, on the net.
> What you must bear in mind is that publication of personal data on the net
> is in effect a transfer of personal data outside the EEA (www. means
> world-wide), so the eighth principle comes into play. Schedule 4
> of the DPA
> lists CASES WHERE THE EIGHTH PRINCIPLE DOES NOT APPLY, and these include
> (Para 7) "The transfer is of part of the personal data on a
> public register
> and any conditions subject to which the register is open to inspection are
> complied with by any person to whom the data are or may be disclosed after
> the transfer."
> Obviously you would have no control over what a person accessing the
> register on the net does with the data once they get them.
> However, if the
> legislation does not specify any conditions to be complied with,
> it doesn't
> matter.
> As part of fair obtaining of personal data, you should inform
> data subjects
> at the time of collecting the data that publication on the internet is
> likely.
> Hope this helps
> Stuart Lynch
> Stuart Lynch Consulting
> Training/Consultancy in
> Privacy/Information Protection
> 01704 870365
> mailto:[log in to unmask]
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Derek Ford
> Sent: 17 January 2002 11:23
> To: [log in to unmask]
> Subject: Public Documents
>
>
> Is it legal to put public documents on the internet?
>
> Could we put our electoral register (public document) on the internet and
> make it searchable?
>
> Thoughts from others appreciated.
>
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