I have followed this debate with interest and recalled a passage from
Rosemary, J.; Hamilton, A. Data protection. law and practice.; Sweet &
Maxwell: London, 1999. p.248 - "As with national security and indeed most of
the exemptions, the first type of exemptions in section 29(1)-(3) are not
determined by the identity of the person who claim them. Anyone who can
fulfil the exemption conditions may lay claim to the exemptions."
So it seems some legal opinion is that the condition under which the
processing takes place allows the exemption, although perhaps not
comprehensively.
From some of the comments made during the debate I formed the impression it
was considered that the legal arena has progressed in coherence and
flexibility in the disparate matters affecting informational privacy to the
level that a formulated rules based framework which may be applied in all
circumstances is now achievable. Is this a general opinion?
Ian W
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