The upshot is the distinction between "Relevance" and "Retrospect"
"Relevant": All data (yes, do note Durant etc) is relevant to the act,
whenever it was created, if it is capable of identifying a living
individual.
"Retrospect": It is not an offence today to have broken the provisions of
the current act prior to its implementation.
Thus data created and managed in the dim and distant past is within the
scope of the act, but the processing or misprocessing of it is not subject
to the act until the act was in force, when it was covered by the transition
period.
An additional issue here is to look at Retention Policies for data that is
that old. Is the data being processed fairly today? Is it even correct
data? Should it have been deleted and destroyed?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jason Campbell
Sent: 09 May 2005 11:17
To: [log in to unmask]
Subject: Re: [data-protection] A Monday morning question
The answer to this is a confusion, I think, about what 'retrospective'
means. The Act is not retrospective in legal terms as to what it does - it
doesn't mean, for example, that action can be taken against data controllers
for non-compliance before 1998 (though the DPA 1984 might have done).
However, the Act's provision apply to all personal information which is
"being processed" or "is recorded" as per s.1. If the personal data are
still recorded, or are being processed (no matter as to when the data were
first collected), the Act applies.
Cheers,
Jason
________________________________
Jason Campbell
JISC Legal Service Manager
University of Strathclyde
Alexander Turnbull Building
155 George Street
Glasgow G1 1RD
Tel: 0141 548 4939 (office)
Tel: 0141 548 2889 (direct)
E-mail: [log in to unmask]
<blocked::mailto:[log in to unmask]>
Legal Update Service available from JISC Legal - JISCmail list
JISC-LEGAL-NEWS JISC Legal provides a monthly news, updates and events
digest available from our JISCmail list JISC-LEGAL-NEWS. Further information
is available on our Updates Subscription Page at -
http://www.jisclegal.ac.uk/newsletter.html
IMPORTANT DISCLAIMER
*The content of this email is not intended to constitute, and receipt of it
does not constitute, a contract for legal advice or establishment of a
solicitor-client relationship.
*Whilst every effort has been made to ensure the information in this
communication is accurate, JISC Legal does not accept responsibility for any
action or inaction, legal or otherwise, based on the information contained
in this email.
*JISC Legal recommends that enquirers should seek the professional legal
advice of competent counsel in the enquirer's home jurisdiction.
*This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
*Neither JISC Legal nor the sender shall be responsible for any damage to
your system or data caused by viruses. It is the recipient's responsibility
to scan attachments (if any) for such viruses.
*JISC Legal email service and web site may be subject to random monitoring
and recording in terms of the Regulation of Investigatory Powers Act 2000.
_________________________________________________________________________
-----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]
______________________________________________________________________
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|