Let's make it personal. And in this I am making no actual suggestions about
your or anyone else here's lifestyle.
Ian, this putative file contained the result of your own HIV test. (I am
not suggesting you have had one or are in any way at risk from HIV, even by
blood transfusion in a high risk African nation. I am certainly not
suggesting anything at all about your HIV status). It has been found and
the finder has used the information it contained.
People view HIV status as indicative of a huge number of things, and they
assume a great deal about those who are tested, let alone those who are
HIV+. Common pejorative assumptions include "IV Drug User", "Practising
homosexual" (I always wondered why one needs to practice; same with doctors,
really). Such things are highly sensitive and totally personal. They may
properly be released into the public domain only by the individual concerned
What steps do you take now over the various issues this raises about you and
your personal life?
I see some obvious parties here:
* The person who lost (released?) the file
* The person who used the information it contained
Which are culpable, if any? Which laws have been transgressed? And how do
you put this right without additional attendant publicity.
I am only addressing this to you, Ian, because you brought it up as an
excellent example. Again I make absolutely no suggestion of any description
about your health or private life, neither of which I have any knowledge
about.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: Thursday, September 16, 2004 5:18 PM
To: [log in to unmask]
Subject: [data-protection] Extreme example
Thinking about extreme examples :
Would the ICO have any power to take action if an unstructured file
containing sensitive material about an individual, but not falling within
todays personal data definition, was found blowing down the street?
What recourse for action would the individual concerned have?
Ian W
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