Which is why the most important issue, for me, about the 1998 Act is its
emphasis on transparency. If the Data Subject is told what you are doing,
or better still intending to do, they have a basis for making their decision
about whether to entrust data to you or to raise objections. It makes the
negotiation between the Data Subject and the Data Controller more evenly
matched.
Notification does make a small contribution to transparency, because it
forces (in theory) the Data Controller to be clear about what they are
doing, to themselves and the Information Commissioner, at least. But
Registration never worked under the 1984 Act as a primary way of informing
the Data Subject (remember when copies of the Register were supposed to be
available in every library?), and nor does Notification work in that way
now.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: Cashmore, Stuart <[log in to unmask]>
To: <[log in to unmask]>
Sent: 13 February 2003 10:31
Subject: Re: What Use is Notification?
> I agree wholeheartedly with Tim. I have always understood the DPA to be
> about regulating how data is used. To quote from the front sheet of the
Act
> itself:-
> "An Act to make new provision for the regulation of the processing of
> information relating to individuals, including the obtaining, holding, use
> or disclosure of such information. "
> No mention of protecting privacy there!
>
> It has always seemed to me that provided you told a data-subject what data
> you were collecting and what you were doing with it, including
disclosures,
> there was nothing to stop you handling their data in ways which could
> grossly breach their privacy - and all quite legally!
>
> Stuart Cashmore
>
> Information Security Manager
> McKesson
>
> -----Original Message-----
> From: Turner,Tim (Corporate Resources)
> [mailto:[log in to unmask]]
> Sent: 13 February 2003 10:17
> To: [log in to unmask]
> Subject: Re: What Use is Notification?
>
> Without wishing to create a huge digression...
>
> This question presupposes that the Data Protection Act might exist to
> protect privacy. The word privacy does not appear anywhere in the Act. The
> emphasis on privacy that comes from the Information Commissioner relies on
> Article 8 of the Human Rights Act and the subsequent link with the
'lawful'
> bit of DPA, rather than anything inherent in DPA that protects privacy.
I've
> always thought the Data Protection Act as a series of procedures to
regulate
> how personal information is used, rather than something based on more
> fundamental principles. If we have a right to privacy, it's from the
> European Convention on Human Rights, rather than DP.
>
> Therefore my answer to this question is definitely yes.
>
> Just a thought
>
> > -----Original Message-----
> > From: Ian Welton [SMTP:[log in to unmask]]
> > Sent: Thursday, February 13, 2003 9:49 AM
> > To: [log in to unmask]
> > Subject: Re: [data-protection] What Use is Notification?
> >
> > So is data protection more about assuring accuracy of a data subjects
data
> > and then giving control to an organisation
> > as a means of facilitating organisational efficiency and social cohesion
> > than protecting individual privacy?
> >
> >
>
>
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