There is little point in this research, other than as a defence against any
charges of unclear guidance. The problem with the definition of "personal
data" and making any assumptions as to its real definition, is that the court will
only overturn it to suit the result of the case the judges are about to hear.
Yes, I do believe that fuzzy logic can lead you a long way down the wrong
road but in the end what have we got? Thousands of words that say "it depends".
My view, based on over twenty years of dealing with personal data, is if it
looks like a duck, walks like a duck and quacks - it's probably a duck until
the judiciary says otherwise.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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further explanation of any points raised please contact Keep I.T. Legal Ltd at
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--------
In a message dated 02/12/04 13:47:28 GMT Standard Time,
[log in to unmask] writes:
> I think I understand what they are saying, and I think that they have a
> point.
>
> There are people who operate less on a clear understanding of the
> legislation, and more on a fuzzy, almost incoherent set of assumptions and
> instincts. They then get annoyed with people at the Commissioner's office,
> when they stick to what the words in the Act (and associated regulations)
> actually say, rather than what these people want to hear. Some people seem
> to fix upon concepts like privacy and confidentiality when what they should
> be doing is concentrating on what the Act (and for example the Privacy and
> Electronic Communications Regs) say. If all else fails, people cling to the
> notion of the "spirit of the Act", which is ironic given how soulless the
> DPA actually is.
>
> I witnessed so-called experts in heated debate about what personal data is
> all about, but to be honest, such debates are usually more about instinct
> and assumption that hard fact. I'm not saying I'm necessarily any different,
> but I don't think that there is a clear, legally-sound definition of
> "personal data" around which everyone can warm their hands. If there was
> one, whatever it was, a significant minority would immediately reject it as
> too broad, or two narrow.
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