But the reality of the situation is that day to day cases don't end up
in court. You could quote test case law ad nauseam but I don't think it
necessarily helps arriving at a workable policy on handling "business as
usual" requests for information under DPA/FOIA. For that purpose, I
think you can ignore Durant. If you were about to go to court to defend
a particular case then obviously you would have to consider it.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 16 March 2006 15:59
To: [log in to unmask]
Subject: Re: [data-protection] Durant - Can I ignore it?
Tim Turner wrote:
> I think that the simple answer to this question is yes, you can ignore
> Durant and you would not be alone if you did.
>
> If you wanted to justify why, you could say that the Court of Appeal
> decision is probably not in line with the EU Directive, that the EU
> were
What I am about to say is NOT professional advice, and I do not profess
special skill, but I think this is absolutely NOT an option for any
government department or 'emanation of the state' (Marshall v
Southampton Area Health Authority, Foster v British Gas.)
> taking action against the UK for not implementing the DPA properly as
> a result, that the UK Government department responsible for Data
> Protection has apparently said that Durant need only apply in similar
> situations, and
If the UK has not implemented the DP Directive properly, the Directive
is designed to give rights to implementation has passed, THEN the
Directive itself overrides the English Law. (Van Gend en Loos v Dutch
Tax Office). If you are a state body, the directive can be directly
used against you in English Law. This is known as Direct Effect.
If you are not an emanation of the state, the wronged party cannot sue
you (Faccini Dori v RECREB) but CAN sue the Government for any losses
caused thereby. (Francovich v Italy.
EU Law is a wonderful minefield . . .
Nigel
> more than anything, you can justify it on the basis that it's good
> manners and good customer service.
>
> Tim Turner
> Wigan Council
>
> -----Original Message-----
> From: Graeme Hawley [mailto:[log in to unmask]]
> 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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