The Information Commissioner has made comment on his web site.
Nic
-----Original Message-----
From: Martin Hoskins [mailto:[log in to unmask]]
Sent: 12 December 2003 10:50
To: [log in to unmask]
Subject: Re: DURANT DECISION NARROWS SCOPE OF DATA PROTECTION IN UK
Having read the decision, I have to say its not often that the courts
accept
that data controllers have legitimate interests, that need to be
balanced
with those of private individuals. I have seen too many private
individuals
feel that the DPA entitles them to impose very significant compliance
burdens on data controllers, and the costs of compliance are
occasionally
wholly disproportionate to the grievance at hand.
Without referring to this litigant personally, may I comment that its
nice
that the courts were able to see what financial effect a company has to
incur when facing a barrage of requests from an individual who was
unlikely
to have been satisfied with whatever the data controller had tried to do
to
meet his demands. I'm sure most of us have experienced this type of
serial
complainant.
If nothing else, the judgment allows data controllers to adopt a more
common
sense approach to dealing with subject access requests. It may be that
data
controllers take a slightly wider view of the decision when responding
to
requests, and provide information that is not just "personal data"
within
the definition of the courts. That might make good business sense. It
allows
data controllers to exercise a wider element of discretion than they may
have previously done.
So, its no longer true to claim that a Subject Access Request is just "
a
gift that keeps on giving".
Perhaps the data controllers really are the masters now!!
Happy Friday
Yours in the faith .......
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
-----Original Message-----
From: Chris Spray [mailto:[log in to unmask]]
Sent: 12 December 2003 09:42
To: [log in to unmask]
Subject: Re: DURANT DECISION NARROWS SCOPE OF DATA PROTECTION IN UK
I think this is certainly the way the DPA has been "sold" to the public
at
large.
Chris
Charles Christacopoulos <[log in to unmask]> on 11/12/2003
17:49:17
Please respond to Charles Christacopoulos
<[log in to unmask]>
To: [log in to unmask]
cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
Services)
Subject: Re: [data-protection] DURANT DECISION NARROWS SCOPE OF DATA
PROTECTION
IN UK
** Reply to note from Ian Welton <[log in to unmask]> Thu,
11
Dec
2003 17:33:11 -0000
> From a first quick reading of the decision, it has left me completely
at a
> loss as to the effectiveness of the directives statement:- "shall
protect
> the fundamental rights and freedoms of natural persons, and in
particular
> their right to privacy with respect to the processing of personal
data."
as
> it seems to redefine "informational privacy" by removing any
protections
> provided for personal data from many areas of organisational life.
Whilst
> agreeing that some interpretations have been very loose, and some
contextual
> focus is necessary, the judgement itself appears to provide a strict
> contextual focus which could then be implemented in other, less
appropriate
> contexts.
until the next judgment comes along :-)
I get the feeling from other responses that there is a general belief
that
DP
was
created in order to protect privacy and not in order to enable flows of
infofrmation within a legal *and at the point of interpretation
flexible*
framework.
I'll leave the rest for Friday.
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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