Sorry, unhelpful condensation of the point I was making. The Commissioner
argued, I think, that if someone provides you with their name, and it
inevitably identifies their religion or racial/ethnic origin, you do not
need their explicit consent to process the name even if it is thereby
"sensitive" data because the person makes their name public in all sorts of
ways. This was a typical common-sense answer which avoids an otherwise
impossible situation of having to meet a Schedule 3 condition for some names
but not others. Note that I didn't say I agreed with the point, just that
you could argue the photographs by analogy.
However, I would argue that even if you have automatically met a Schedule 3
Condition it doesn't mean that you can process the data in any way you want.
You still have to comply with Principle 1 fairness and a Schedule 2
Condition. If there is any danger that the processing might infringe their
rights, freedoms or legitimate interests you couldn't rely on Condition 6
and would be quite likely to need consent.
Paul Ticher
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: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 22, 2004 4:10 PM
Subject: Re: Use of photographs
> But following Gerry's logic, any assumption you make about a name is a
false
> one. In this country the female often takes the male surname in marriage.
> But not always.
>
> Likewise, not everyone wears their religious symbol in places where they
feel
> it is not safe to do so. It could be said, following this logic, that
anyone
> entering a particular church or wearing a particular symbol, can have that
> information - along with their name - processed in whatever way a
controller
> pleases. This cannot be right.
>
> Assume for a moment that the majority of religious followers do not wear
name
> tags in the street. In what way have they made their sensitive personal
data
> deliberately public?
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above does not replace or negate the
need
> for proper legal advice and/or representation. It is essential that you do
not
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> ---------
>
> In a message dated 22/11/04 15:38:53 GMT Standard Time,
[log in to unmask]
> writes:
>
>
> > It may be sensitive, but surely you could argue Schedule 3, Condition 5
> > (Information made deliberately public by the Data Subject), in the same
way
> > as I seem to remember the Commissioner arguing in the case of names
that
> > reveal the bearer's religion or racial/ethnic origin.
>
>
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