An interesting question and my immediate reaction is that they would be a
data controller, however S36 does state that it covers "recreational
purposes", so it may well fall into that category. I think it's a fine line
and I look forward to other views while I mull this one over!
Simon.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Hadfield
Sent: 07 November 2005 13:29
To: [log in to unmask]
Subject: [data-protection] Data controller or not??
A person sets up a message board as "An independent local portal, aiming to
help xxxxxxxxxxxx people (past and present) to find and communicate with
each other."
The home page of the board invites people to "Register on xxxxxxxxxxxxx and
stay in touch with old friends, make new friends, share memories, ideas,
photos, have your say on local issues... whatever! It's free, safe and
friendly. Have fun!"
People who register must provide Username & Password (which they choose) and
a Location (which can be true or not). Optionally, people can provide their
Real Name, Date of Birth and other details about themselves.
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))?
Regards,
Graham
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