Gwenan
Sounds to me as if he should have set this as an exercise in logic for his students!
I think that what he says about the retrospective nature of legislation is, broadly speaking, correct but not relevant in this case.
The Act is not "retrospective" in the sense which he means. It does not compel you to release (or do whatever it was he is complaining about) information which you used to hold before the act came into effect.
It does compel you to release the information you currently hold. The Act is silent about the fact that some of the information you currently hold was not created or brought into your possession before the date of the Act.
Regards
Jim
----------------------------------------------
Jim Whitaker
Head of Information Management and Internal Communications
British Educational Communications and Technology agency
Millburn Hill Road
Science Park Telephone 024 7679 7452
Coventry 024 7641 6994 (Ext 3341)
CV4 7JJ Fax 024 7684 7071
================================================
-----Original Message-----
From: Gwenan Owen [mailto:[log in to unmask]]
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
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