In a message dated 07/11/05 15:17:55 GMT Standard Time,
[log in to unmask] writes:
> 1. Is the person who sets up the message board a Data Controller?
> 2. If the answer to the first question is yes, is the person exempt from
> notification by virtue of S36 (the only data processed are for personal,
> domestic and household affairs (including recreational purposes))?
--------
Definitely a data controller. S36 does not apply as the processing is not
for the message board controller's own domestic purposes. The exemption states:
"36. Personal data processed by an individual only for the purposes of that
individual's personal, family or household affairs (including recreational
purposes) are exempt from the data protection principles and the provisions of
Parts II and III."
If all the board contributors were relatives or friends of the board
controller, the exemption would apply. As it is, I suspect they are all strangers.
Ian B
Ian Buckland
Keep I.T. Legal Ltd
(Reg: 3822335)
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
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further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
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