In message <000601c3f233$788a9db0$103468d5@ntlworld>, Ian Welton
<[log in to unmask]> writes
>> Copyright's mainly a civil infringement, not a crime. So you
>> aren't substituting for the work the police were set up to do.
>
>According to FAST advice it is also a criminal offence, but the police
>generally choose not to pursue it.
FAST is run by copyright holders; they have a right to their own view of
the world. Doesn't mean we have to agree with it.
> Trading standards often investigate and
>prosecute in the serious cases. Some choice exists for the authorities.
Normally only involved in counterfeiting - selling bootleg stuff at car
boot sales etc. (*Trading* standards...) Not terribly interested if one
photographer steals another's picture for his website.
>> Very few of the sites are likely to be within DPA
>> jurisdiction. And even if they were, do criminals often
>> respond to SARs from the general public?
>
>That could be interpreted as accepting the any DP regulatory organisation
>within the EEA would effectively have no jurisdiction over the processing of
>any personal data on pornographic sites.
That's probably the case. Heck, the Vice Squad has enough trouble
dealing with these people - what chance does a stiff letter from
Wilmslow have?
> The variation in national cultures
>make what is considered pornography in the UK legal in other jurisdictions.
>Could that result in affected data subjects in the UK receiving less
>protection from DP than other EEA counterparts where pornography, illegal in
>this country, was legal?
Forget the porn angle. It's a red herring. Think more about what DPA
rights you have when photographed fully clothed (eg by cctv). Are these
rights easy to enforce overseas?
>Taking this directly back to the original e-mail subject - Internet History
>- DP seems to provide individuals with certain rights and choices in
>allowing them to manage their personal data. Managing personal data can also
>be seen to form part of managing identity.
>
>If organisations/individuals allow others to determine how their Internet
>History is managed/available, are they not allowing those others to
>effectively define their identity? Does the DPA not provide sufficient
>rights for individuals to manage identity if they so choose?
I think the answers will be in the DPA's advice on "monitoring in the
workplace". History files are but one of the things the employer needs
to justify snooping upon.
--
Roland Perry
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