Charles,
Please note that the ruling states that:
'It must be stressed that the fifth question (re. transfers of data) asked by the referring court concerns only those activities (carried out by the author of the webpage) and not those carried out by the hosting providers.'
Which suggests the position is not quite as clear cut as it seems.
Regards,
Colin Atkinson
University of Leicester
________________________________
From: This list is for those interested in Data Protection issues on behalf of Charles Christacopoulos
Sent: Tue 11/11/2003 10:21
To: [log in to unmask]
Subject: Re: Websites, Data Export, ?Silliness?
** Reply to note from Tim Trent <[log in to unmask]> Tue, 11 Nov 2003 07:51:59 -0000
> Ok, that's the cynical part done. Only I remain perplexed. "The placing of
> personal data on a web site is not an export. Those who read it imported it
> instead." Or, that is how I have read the court's response.
Good when it is always Friday,
There ought to be a purpose for putting the data on the website. So it might be
argued that the _intended_ viwers of that data were locals. I have a feeling
(which cannot be shown from the case) that the small locality of the event
influenced the court.
For example, I doubt if we or Loughborough or others (ie. Universities with the
word internanional in every other sentence) would receive the same judgment
if we put staff or - even better - student details on the web (home addresses,
telephone numbers, just imagine ...)
Surely (in the universities case) when we publish on the web we want as wide
an appeal as possible.
Regards
Charles
==============================================
Charles Christacopoulos, Management Information Officer,
Planning & Information, University of Dundee, Dundee, DD1 4HN,
Scotland, United Kingdom. Tel: 44(0)1382-344891. Fax: 44(0)1382-348845.
http://www.somis.dundee.ac.uk/
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