[log in to unmask] on 02 December 2004 at 14:18 said:-
>
> 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.
From what little I have so far read, the research seems to provide arguments
for both sides in any charge of unclear guidance. At least it provides some
succinct precise of some of the issues and perspectives.
> 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".
The variables of 'collection' and 'use' are always dependant on the
environment at both of those points. So if you are after a definitive
answer to a generic question fuzzy logic seems to be an appropriate
approach. Otherwise, you can go a long way down the wrong road, simply
because some of the assumed data used to formulate the response did not
appertain in the circumstances.
> 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.
>
Quackers as the judiciary may seem at times, they make mistakes like
everybody else. Legal quality controls apart, not all decisions end up
pointing in the right direction. Hence the structure of the courts system
allows for mistakes albeit in a rather convoluted fashion.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: 02 December 2004 14:18
> To: [log in to unmask]
> Subject: Re: Research
>
>
> 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
>
> Please Note: The information given above does not replace or
> negate the need
> for proper legal advice and/or representation. It is
> essential that you do not
> rely upon any advice given without contacting your solicitor.
> If you need
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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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