As I understand it, whilst a Euro ruling would supercede any UK ruling,
until the EU make such a ruling the UK one will stand. Maybe someone with
legal expertise greater then mine could confirm?
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Talbot Richard
Sent: 18 March 2004 11:47
To: [log in to unmask]
Subject: [data-protection] [ ] RE: [data-protection] Recent Case Fol
lowing Durant
I was told a while ago that as Margaret Thatcher(the milk snatcher :o)) had
signed us up to the Maastricht treaty, it made European Law higher than the
British Law. As I am not a lawyer, I do not really understand why this would
be, but if I was to follow the directive and not the current case law in UK
what will happen ?
If my first statement is true, then surely IMHO until the article 29 group
rule on it we should continue with no change.
Richard Talbot
My thoughts not those of my company and also you may not use my details for
any marketing purpose.
-----Original Message-----
From: Smith, Tony [mailto:[log in to unmask]]
Sent: 18 March 2004 09:20
To: [log in to unmask]
Subject: Re: [data-protection] Recent Case Following Durant
The problem with that approach is that case law (unlike statute law) is
retrospective. The fact that you have been following current case law and IC
advice may mitigate what you have done but it is not a defence.
Tony
-----Original Message-----
From: Simon Macauley [mailto:[log in to unmask]]
Sent: 17 March 2004 20:57
To: [log in to unmask]
Subject: Re: Recent Case Following Durant
Hi all, Hi Jane and Dor :-)
RT is dare I say wrong about the vast majority of manual files are not
applicable. According to the act all social services and health files
are 'records' and as such the 'accessible record' get out clause of Durant
does not apply. You may however use the definition of personal data as a
way of avoiding trawling through huge paper files looking for someones name.
As for the EU commission, forget it, this process will take up to 5 years
and if the law is changed so what? You will simply have to start
disclosing again, it wasn't your fault because at the time you followed
case law and advice from the IC.
Si
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