Charles Christacopoulos on 11 November 2003 at 10:21 said:-
> 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.
The court was probably influenced by the wider remit of the EU
legislation and agreements, taking into account the DP Directives
statement:-
"(1) Whereas the objectives of the Community, as laid down in the
Treaty, as amended by the Treaty on European Union, include creating an
ever closer union among the peoples of Europe, fostering closer
relations between the States belonging to the Community, ensuring
economic and social progress by common action to eliminate the barriers
which divide Europe, encouraging the constant improvement of the living
conditions of its peoples, preserving and strengthening peace and
liberty and promoting democracy on the basis of the fundamental rights
recognized in the constitution and laws of the Member States and in the
European Convention for the Protection of Human Rights and Fundamental
Freedoms;"
Whilst several definitions of the term 'local' appear to have been used
within the judgement, it also includes elements which could relate to:-
Closer union;
Fostering closer relations;
Ensuring economic and social progress;
Elimination of barriers;
Preserving and strengthening liberty;
Recognising fundamental rights (which would include freedom of
expression);
amongst others, in addition to the immediate protection of individuals.
Could the judgement then also be interpreted as supportive of the
differing member states legal regimes?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Charles Christacopoulos
> Sent: 11 November 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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