Durant is likely to be overturned (0.9 probability) based upon Brussels
pressure on the UK. Equally Mr Durant is heading for Strasbourg.
(http://www.marketingimprovement.com/hotnews/freestanding/durant-Strasbourg.
html) which will create its own pressure.
Since you are a wholly UK organisation you can, for the moment, choose to
act within the Durant precedent. If your reach were outside the UK it would
behove you to ignore it and act as if the restrictions did not exist.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
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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 Graeme Hawley
Sent: 16 March 2006 14:16
To: [log in to unmask]
Subject: [data-protection] Durant - Can I ignore it?
Sorry to bring up Durant again.
I think that I have understood that Durant allows a data contoller to take a
very narrow definition of relevant paper filing systems (leaving aside the
FOI affected public authorities for the minute). But does Durant stop a
Data Contoller from applying a broader definition if they so wish. In other
words, just because Durant allows the pusillanimous organisation the
opportunity to discount folders with names on (but sinfully arranged in
chronological order - what's that all about?), does the Durant ruling mean
that a sturdier organisation is forbidden to go that gruelling extra mile,
and, for example, fish out an individuals personnel file from the
alphabetically arranged sequence of names in response to that individual's
request for access.
As it happens, I work for a public authority so am covered by FOISA and its
wider definition of relevant filing system anyway. Ironically, we do hold
information which I would like to apply a narrower definition to, but FOISA
means we cant. We hold upwards of 50 million pages of manuscripts in our
library collection, many of which contain personal data. Despite the best
efforts of our staff to catalogue these, my guess is that they would more
than classify as unstructured data not held in a relevant filing system.
But because of FOISA, they are covered by access legislation, and all of the
various problems this creates (such as the theoretical possibility that we
may have to spend an unlimited amount of time and resources searching for
the existance of a persons name in tens of thousands of paper documents -
remembering that the FOISA charging structure does not include time spent
establishing whether the information is held or not).
Is it me?
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