It would be necessary for significant changes to be made to the DPA 1998 if
notification were to be successfully removed.
The general costs of notification are far cheaper than many other
alternatives. Alternative costs are frequently not considered when debates
about notification occur.
Going back to the Lindop Report (1978) Paragraph 4.38 stated:-
"A registration requirement is provided in the statutes of Sweden, West
Germany, Canada, France, Belgium, Austria, Norway, Luxembourg and Denmark
(in some cases the requirement is restricted to the public or private
sectors or to users of automatic data processing). It is significant that
even the US Privacy Act requires federal agencies to publish their record
systems in the Federal Register, despite its generally different approach in
most other respects. Furthermore, the Hessian Data Protection Commissioner
emphasised in his oral evidence to us that the absence of a specific
registration requirement in the 1970 Hesse Act had hampered his office in
its work, and we note that such a requirement has now been included in the
new legislation (section 25) which this year replaced that Act."
so I am unsure where the issue of registration spreading out from the UK act
came from.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Rosemary Pattenden
> Sent: 12 February 2003 08:00
> To: [log in to unmask]
> Subject: What Use is Notification?
>
>
> Can the data processor comply with the fair processing
> requirement Schedule 1, Part II, para 1 (3) by
>
> 1. disclosing identity and
> 2. directing the attention of the data subject to the
> notification entry?
>
> I suggest this because of Schedule 1 Part II para 5(b)
>
> "The purpose or purposes for which personal data are obtaiend
> may in particular be specified -
> (a) in a notice given for the purposes of paragraph 2 by the
> data controller to the data subject, or
> (b) in a notification given to the Commissioner under Part
> III of this Act."
>
> Rosemary Pattenden
>
> School of Law
> UEA
> Norwich NR4 7TJ
>
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