The concept of retrospective legislation is an interesting point of law. In
general our legislators do not make legislation retrospective because doing
so can create criminal offences today out of actions that were lawful
yesterday.
It might be easier to answer your question in context. What is the problem
that faces you here?
Tim Trent - Consultant
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gwenan Owen
Sent: 09 May 2005 10:36
To: [log in to unmask]
Subject: [data-protection] A Monday morning question
Colleagues
I've been asked this morning by one of our academic members of staff how do
I know that the Data Protection Act 1998 is a retrospective act ...
He maintains that legislation is not retrospective unless specific provision
is contained within the Act making it so, and that my ascertion that the Act
IS retrospective without proof means that I am committing a breach of faith
for those members of University staff who produced references (on paper)
etc. before the Act came into being.
Whilst I'm sure that I'm right, and have had a look through the Act this
morning to try and find the relevant section ... I just can't find chapter
and verse to quote. I would be most grateful if anyone could help me out!
Thanks
Gwenan
--
______________________________________________________________________
Gwenan Owen
Rheolwr Cofnodion y Brifysgol/University Records Manager, Gwasanaeth
Llyfrgell, Archifau a Rheoli Cofnodion/ Library, Archives and Records
Management Service Gwasanaethau Gwybodaeth/Information Services, Prifysgol
Cymru, Bangor/University of Wales, Bangor, Ffordd y Coleg/College Road,
Bangor, Gwynedd LL57 2DG, UK
ffôn/tel: (01248) 38 2413
ffacs/fax: (01248) 38 8194
[log in to unmask]
______________________________________________________________________
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