Ian
Because the latter two are massive and disputed concepts, and I have also
heard huge arguments about the interpretation of the former. If you're
suggesting that the majority of DP officers pause before giving any advice
and have the Human Rights Moment, then the Common Law Moment, and then the
Natural Justice moment, and then deliver the advice (all of this on the
telephone), I'm either incredibly in awe of them, or a teeny bit sceptical.
I do consider whether the response to any given case seems fair, but running
through the implications of Natural Justice is a bit much for me on a
Tuesday morning.
Tim
> ----------
> From: Ian Mansbach[SMTP:[log in to unmask]]
> Reply To: Ian Mansbach
> Sent: 13 July 2004 09:39
> To: [log in to unmask]
> Subject: Re: [data-protection] Crime and Disorder Act 1998 - sharing
> info
>
> Tim
>
> How can you not include human rights, common law and natural justice when
> considering fairness and lawfulness?
>
> Ian Mansbach
> Mansbachs
> Data Protection Practitioners
> [log in to unmask]
> phone: 0871 716 5060
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Turner
> Sent: 13 July 2004 08:50
> To: [log in to unmask]
> Subject: Re: [data-protection] Crime and Disorder Act 1998 - sharing info
>
>
> I'm probably being argumentative for the sake of it (I don't like
> Tuesdays),
> but this approach worries me. Either data-sharing is legal, or it isn't.
> Either you can satisfy the DP conditions, or you can't. There is no escape
> from that. Even if you don't ask for consent, you may very well have to
> tell
> people what you're doing or likely to be doing with their data. However,
> to
> start from the presumption that all data sharing must include consent just
> reduces the options. It puts the DP officer in the likely position of
> being
> the person in the room who always says no. In my opinion, there is nothing
> worse for an organisation aspiring to be DP compliant than the DP officer
> being associated entirely with the word "No." If you say no (or 'consent')
> all the time, it doesn't make the organisation more compliant, it just
> makes
> it more likely that people won't ask for advice any more. Besides, consent
> is useless if you don't have the vires to share in the first place.
>
> Is it unfair to suggest that your view is doctrinal - i.e. nothing is
> legitimate without consent? What I took from your answer is that there
> isn't
> a substantial public interest test, not a formal one. Now, you mention
> "proportionality rules". Where are these rules? If every piece of advice I
> gave had to include considerations of human rights, common law and natural
> justice, I wouldn't leave the house.
>
> Tim Turner
> Data Protection Officer
> Wigan Council
>
> > ----------
> > From: [log in to unmask][SMTP:[log in to unmask]]
> > Reply To: [log in to unmask]
> > Sent: 12 July 2004 16:49
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Crime and Disorder Act 1998 -
> sharing
> > info
> >
> > --------
> > It is unlikely that the person's human rights, rights under DPA
> > (although after Durant and Johnson I'm not sure where this one is
> > going), meeting the "necessary" part of Schedule 2/3 conditions,
> > proportionality rules, common law and
> > natural justice that the data could be shared without their consent
> unless
> > the
> > public interest is served. In my opinion it is a combination of rules,
> > rather than a pure DPA question.
> >
> > Ian B
> >
> >
> > Ian Buckland
> > Managing Director
> > Keep IT Legal Ltd
> >
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