Ian
Id agree. This is why a challenge of the UK drafting of the directive,
given the way the courts have interpreted it, is being raised with the EU
Commission. The UK court ruling appears to drives a horse and several carts
through the concept of an individual RIGHTS
of access.
A motorist who injures someone by careless driving is subject to
prosecution. A person who damages another by careless use or management of
personal data should also be subject to prosecution. This was my
understanding of why a right of access was created. The Durrant ruling
gives unethical data controllers hiding places and as such should be
challenged.
David Wyatt
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 15, 2004 3:46 PM
Subject: Re: [data-protection] Police Requests
> Roland/Ian
>
> An interesting conversation, chaps, but aren't we missing the point? If
> we
> have established that the information about the SAR will not be held in a
> relevant filing system - even if it's in the person's employment file it
> might not
> be covered post Durant - the length of time it is kept is of no legal
> concern.
>
> What some individuals out there seem to think is that Durant will only
> affect
> subject access requests. In fact, it will mean that the files do not have
> to
> comply with *any* of the Principles. Hold it as long as you want, whether
> it's accurate or not, don't bother keeping it up to date, forget about
> security
> and don't even bother telling the person or the ICO how you are processing
> it.
> Disclosing it to the police without a warrant or s29 notice? No problem.
> ;-)
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above does not replace or negate the
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