Maurice, Ian
Hesitantly, I'd challenge the interpretation of the domestic purposes
exemption in previous posts. For completeness, I'll quote from Section 36 of
the Act:
"Personal data processed by an individual only for the purposes of that
individual's personal, family or household affairs (including recreational
purposes) are exempt from the data protection principles and the provision
of Parts II and III."
I was at a seminar where a police representative and a senior OIC
representative were discussing this exemption. Examples quoted were say, a
domestic CCTV system which recorded the movements of a neighbour or their
property, or an amateur photographer taking pictures of people in the park.
The conclusion was that the exemption applied in these circumstances. If I
can paraphrase section 10, I think it will describe my understanding of the
OIC's position.
"*Any* personal data processed by an individual for their personal or
recreational purposes are exempt from the data protection principles, Parts
II and III of the Act".
'Personal data' is not qualified in any way. It would appear to be ALL
personal data, not just the individual or the family. 'Personal or
recreational purposes' covers a wide range of activities. I would interpret
this as any legal activity as an individual not for profit. 'Family or
household affairs' is included in my understanding of personal purposes.
So it may not stop someone else from publishing your family's details. Maybe
the DPA is not the best piece of legislation to use to stop them.
Allan
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 15 August 2002 09:50
To: [log in to unmask]
Subject: Re: who decides?
I had been wondering if section 10 could apply in the circumstances as
described?
The difficulty appeared to be that information about one individual,
inherently revealed information about others.
Where that information related to others then Section 10 would appear to
apply.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Maurice Frankel
Sent: 14 August 2002 13:57
To: [log in to unmask]
Subject: Re: who decides?
The domestic purposes exemption (s 36) applies if you process information
about your own family. It doesn't permit someone else to publish your
family's details - as seems to be the case here.
Maurice Frankel
Campaign for Freedom of Information
At 1:40 PM +0100 8/14/02, Yuill, Allan wrote:
><...>
>
>Surely this processing is covered by the 'domestic purposes' exemption
>anyway which means that it would not be covered by the DPA.
>
>Allan
>
>---
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