-----Original Message-----
From: Simon Howarth (WSL) [mailto:[log in to unmask]]
Sent: 02 July 2004 13:04
To: 'Graham Smith'
Subject: RE: [data-protection] Information received in breach of the Act
I suppose you could contact the individual but pragmatic or not the data has
been collected illegally. Value has nothing to do with it at all!
I would launch into a major personal investigation if someone wrote to me
saying "we have your data, we got illegally, but hey, can we use it anyway?"
You may get away with saying you are really sorry but this information came
in error and it will be deleted, but if we could still use it we would be
most grateful. Either way though it smacks of incompetence and I would not
be happy in letting MY data remain with that organisation and I would want
to know where the information came from in the first place so that I could
let Mr. Thomas know.
This is exactly why we have a Data Protection Law. Or am I wrong?
Simon Howarth.
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Being a bit of a pragmatist, surely it all depends on just how valuable the
data is? If the data is of low value, then of course it should be deleted.
However if the data is of great value to you, then surely it would be in
order to write to each data subject and provide them with a copy of the
details that you hold about them? The letter could say something to the
effect that now you have obtained this information, in the interests of fair
processing you want to keep the person informed of your intention to use the
data for (some purpose or other) and you wish to give them the opportunity
to check and correct it as necessary...
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