But the data about (eg) you if I have your picture is unlikely to come into
my possession unless you send it to me. So, though I appear to have
defeated myself I still contend that such data is not likely to come into my
possession and that I am unlikely to have it already.
Even a search such as
http://www.google.com/search?sourceid=navclient&q=%22ian+Welton%22 reveals
54 possible hits, any or none of which may be you. 28 are displayed by
google, so there is a 28:1 probability against any of them being you. Most
people would not bet on a 28:1 shot, so I argue that "unlikely" carries the
day.
Your other points we are in agreement on, I think.
The real question is, what case law is there to back up the IC's position?
I can see legal argument running for quite some time over this if it ever
proved germane to either a defence or a prosecution.
And the inconsistency of my ethnicity being deduced form my picture but the
picture being "personal" but not "Sensitive" data should be nailed.
~Picks up lance having found another windmill to tilt at, but falls off the
other side of the horse having mounted too fast~
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: Sunday, December 07, 2003 4:47 PM
To: [log in to unmask]
Subject: Re: [data-protection] Pics! (was "Schools etc)
Tim Trent on Sunday, December 07, 2003 at 11:51 AM said:-
> THAT is the point
[SNIP]
> What it does not do, without any
> other information, is to identify that person. I argue the same about
> photographs.
But you defeat your own argument if section 1 is taken into account:-
Personal data means... (b) from those data and other information which is in
.... Or is likely to come into the possession....
[SNIP]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|