The problem with that approach is that case law (unlike statute law) is retrospective. The fact that you have been following current case law and IC advice may mitigate what you have done but it is not a defence.
Tony
-----Original Message-----
From: Simon Macauley [mailto:[log in to unmask]]
Sent: 17 March 2004 20:57
To: [log in to unmask]
Subject: Re: Recent Case Following Durant
Hi all, Hi Jane and Dor :-)
RT is dare I say wrong about the vast majority of manual files are not
applicable. According to the act all social services and health files
are 'records' and as such the 'accessible record' get out clause of Durant
does not apply. You may however use the definition of personal data as a
way of avoiding trawling through huge paper files looking for someones name.
As for the EU commission, forget it, this process will take up to 5 years
and if the law is changed so what? You will simply have to start
disclosing again, it wasn't your fault because at the time you followed
case law and advice from the IC.
Si
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