Apart from urgings from various Committees and Commissions as mentioned
(which went onto a large dusty shelf at the Home Office] the immediate
impetus for DPA 1984 was the perceived need (by the Foreigbn Office I
believe) for the UK to be able to ratify Convention 108 [Council of
Europe] on Protection of Individual's Personal Data.
The DPA 1984 did not successfully address the vexed issue of Direct
Mail/junk mail and it took the 1995 EC Directive and subsequent DPA 1998
to make a start towards this. Of course, we wouldnt want the 'P' word
(Privacy) to sully a UK Act of Parliament, either.
BoB Waixel.
================================================================================
Nick Landau wrote:
> I received your post but my question is about the history of the 1984
> DPA.
>
> My enquiry was regarding the impetus for bringing in a 1984 DPA and I
> felt the statement on the webpage must be wrong.
>
> As has been (I think) confirmed, the DPA still wouldn't make any
> difference to people receiving material addressed to deceased relatives.-
>
> But my concern was with the _historical_ reasons for the Act - and I
> am sorry for repeating myself the reason given by the writer of the
> webpage doesn't seem correct.
>
> Nick Landau
>
> ----- Original Message ----- From: "Broom, Doreen"
> <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Tuesday, March 06, 2007 2:44 PM
> Subject: Re: [data-protection] Deceased Records Access - Was Silent Calls
>
>
> I just thought the advice I was given about deceased persons would be
> very useful for colleagues in the public sector as we appear to be
> getting a few of these requests.
>
> Sorry if it wasn't very useful to you Nick.
>
> Doreen
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Landau
> Sent: 06 March 2007 14:36
> To: [log in to unmask]
> Subject: Re: Deceased Records Access - Was Silent Calls
>
> My comment was about the supposed impetus for the 1984 Data Protection
> Act.
>
> I meant that the position of the deceased was cloudy (rather than the
> 1998 DPA is cloudy) which is emphasised by Simon's comment that "however
> it _may_ well be that in many cases other legislation may cover this
> access".
>
> His comments confirm the very point I was making that it seems strange
> for
>
> http://complianceandprivacy.com/News-Ofcom-silent-calls.asp
>
> to claim that:
>
> "The original Data Protection Act of 1984 was largely created to address
> the frustrations of people faced with mountains of direct mail addressed
> to a deceased loved one."
>
> http://www.agocg.ac.uk/reports/mmedia/legal/dataprot.htm confirms that
> the position in this regard was the same in the 1984 Act.
>
> " A brief overview of the Data Protection Act 1984
>
> What is personal data ?
>
> The (1984 Data Protection) Act then proceeds to define personal data as
> being data which consists of information which relates to a living
> individual (the data subject (106) ), who can be identified from that
> information by itself, or when it is coupled with other information held
> by the person holding that data(107) (the data user(108) ). Such data
> would include any expression of opinion about the individual. __This
> definition clearly excludes both individuals who are deceased__, and
> legal entities such as companies, universities and charities."
>
> I was therefore asking if someone could throw any light on the statement
> on
>
> http://complianceandprivacy.com/News-Ofcom-silent-calls.asp
>
> Maybe Chris Pounder can throw some light on the matter as he was my DPA
> supremo when I was working at the GLC at the time.
>
> Nick Landau
>
> ----- Original Message -----
> From: "Simon Howarth" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Tuesday, March 06, 2007 2:13 PM
> Subject: [data-protection] Deceased Records Access - Was Silent Calls
>
>
>> Changed the title here, as this is digressing from silent calls....
>>
>> I find the text on the Mersey Gateway site interesting.
>>
>> Deceased records are not covered by the DPA (I don't find this
>
> position at
>
>> all cloudy), however it may well be that in many cases other
>
> legislation
>
>> may
>> cover this access (Access to Health Records Act for example).
>>
>> I am potentially concerned about the statement made on this site,
>> regarding
>> access to deceased records, as it gives the impression that deceased
>> records
>> may be accessible on signing a form. I would like to see reference
>
> made to
>
>> other "rules" that may govern access to deceased information. For
>
> example,
>
>> just because someone is dead does not mean that the duty of
>> confidentiality
>> ends on the management of health records.
>>
>> I think there is room for improvement there to highlight to people
>
> that
>
>> whilst the DPA may not be relevant, there may be other legislation
>
> that
>
>> is.
>>
>> Simon Howarth.
>>
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]] On Behalf Of Nick Landau
>> Sent: 06 March 2007 13:19
>> To: [log in to unmask]
>> Subject: Re: [data-protection] Silent Calls
>>
>> By the way the link in the below
>> http://complianceandprivacy.com/News-Ofcom-silent-calls.asp says:
>>
>> "The original Data Protection Act of 1984 was largely created to
>
> address
>
>> the
>>
>> frustrations of people faced with mountains of direct mail addressed
>
> to a
>
>> deceased loved one."
>>
>> This doesn't make sense given that even today the position of
>
> information
>
>> about the deceased under the Data Protection Act seems to be rather
>> cloudy,
>> as is evidenced by the occasional postings on the subject to this
>
> group.
>
>>
>> Or if it was the spur, it didn't address the problem.
>>
>> See, for instance,
>>
> http://www.mersey-gateway.org/server.php?show=ConNarrative.46&chapterId=
> 230
>
>>
>> "Data Protection Act 1998"
>>
>> "Access to data on the deceased"
>>
>> "The data subject rights of an individual end with death."
>>
>> Presumably therefore if there is no right of access, there is equally
>> still
>> no protection of the use of data about the deceased. I distinguish
>
> with
>
>> attempts that I can imagine that have been made by such companies to
>
> clean
>
>> up their databases so that hurt is not caused etc.
>>
>> Nick Landau
>> ----- Original Message ----- From: Tim Trent
>> To: [log in to unmask]
>> Sent: Tuesday, March 06, 2007 12:43 PM
>> Subject: [data-protection] Silent Calls
>>
>>
>> Not sure if anyone is following this. It's all about predictive
>
> diallers
>
>> and there being no agent present when the call is answered. This is
>
> now
>
>> unlawful.
>>
>> And good PR is being made out of it:
>>
>> http://complianceandprivacy.com/News-AMCAT-dumps-silent-calls.asp
>>
>>
>> Tim Trent - Consultant
>> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
>> Personal blog: http://timtrent.blogspot.com/
>> See also http://complianceandprivacy.com
>> email: [log in to unmask]
>> Marketing Improvement Limited, Abbey House, Grenville Place,
>
> Bracknell,
>
>> United Kingdom, RG12 1BP
>> http://www.marketingimprovement.com
>>
>> Important: This message is private and confidential. If you have
>
> received
>
>> this message in error, please notify us and remove it from your
>
> system.
>
>> This
>>
>> email and any attachment(s) are believed to be virus-free, but it is
>
> the
>
>> responsibility of the recipient to make all the necessary virus
>
> checks.
>
>> This
>>
>> email and any attachments to it are copyright of Marketing Improvement
>> Limited unless otherwise stated. Their copying, transmission,
>
> reproduction
>
>> in whole or in part may only be undertaken with the express
>
> permission, in
>
>> writing, of Marketing Improvement Limited. Marketing Improvement
>
> Limited
>
>> is
>> registered in England No. 4283972. Registered Office: 643 Watford Way,
>> London NW7 3JR and its VAT number is GB798 2065 86.
>>
>>
>>
>>
>>
>> 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
>> Selected commands (the command has been filled in below in the body of
>
> the
>
>> email if you are receiving emails in HTML format):
>> Leaving this list: send leave data-protection to
>
> [log in to unmask]
>
>> Suspending emails from all JISCMail lists: send SET * NOMAIL to
>> [log in to unmask]
>> To receive emails from this list in text format: send SET
>
> data-protection
>
>> NOHTML to [log in to unmask]
>> To receive emails from this list in HTML format: send SET
>
> data-protection
>
>> HTML to [log in to unmask]
>> All user commands can be found at
>> http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body
>
> of
>
>> an
>>
>> otherwise blank email to [log in to unmask]
>> Any queries about sending or receiving messages please send to the
>
> list
>
>> owner [log in to unmask]
>> (Please send all commands to [log in to unmask] not the list or
>
> the
>
>> moderators, and all requests for technical help to
>> [log in to unmask],
>> the general office helpline)
>>
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> 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 messages please send to the
>
> list
>
>> owner
>> [log in to unmask]
>> Full help Desk - please email [log in to unmask] describing your
>> needs
>> To receive these emails in HTML format send the command:
>> SET data-protection HTML to [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 messages please send to the
>
> list
>
>> owner
>> [log in to unmask]
>> Full help Desk - please email [log in to unmask] describing your
>
>
>> needs
>> To receive these emails in HTML format send the command:
>> SET data-protection HTML to [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 messages please send to the list
> owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your
> needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
> On entering the GSI, this email was scanned for viruses by the
> Government Secure Intranet (GSi) virus scanning service supplied
> exclusively by Cable & Wireless in partnership with MessageLabs.
> In case of problems, please call your organisational IT Helpdesk.
> The MessageLabs Anti Virus Service is the first managed service to
> achieve the CSIA Claims Tested Mark (CCTM Certificate Number
> 2006/04/0007), the UK Government quality mark initiative for information
> security products and services. For more information about this please
> visit www.cctmark.gov.uk
>
> ********************************************************************
> * This email is privileged, confidential and subject to copyright. *
> * Any unauthorised use or disclosure of its content is prohibited. *
> * The views expressed in this communication may not necessarily *
> * be the views held by Scottish Borders Council. *
> * Please be aware that any email sent or received by the Council *
> * may require to be disclosed by the Council under the provisions *
> * of the Freedom of Information (Scotland) Act 2002. *
> ********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 messages please send to the
> list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your
> needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [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 messages please send to the
> list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your
> needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
--
--
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- Unencrypted Email is an insecure communications medium,
-- so be aware that any correspondence may possibly be viewed
-- by others en route.
--
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- Robert (Bob) Waixel CITP, MBCS, MCInstM, ILTM
-- Snr. Lecturer - Dept. of Computing
-- Pathway Leader - Joint Honours (Computing - Cambridge)
-- AP(E)L adviser - (Computing - Cambridge)
--
-- Faculty of Science and Technology
-- Room BRY 112, Bryant Building,
-- Anglia Ruskin University, Tel: +44 (0) 1223 363271 x 2342
-- East Road, Direct Dial 0845 196 2342
-- Cambridge, CB1 1PT, UK Fax: +44 (0) 1223 417712
-- email: <[log in to unmask]>
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-- Emailing from Home
--
-- - - - - - - - - - - - - - - - - - - - - - -
-- To err is human. To really foul things up ... you need a computer.
--
-- Schlimmbesserung (nearly ger.): An improvement that makes matters worse.
--
-- Eagles may soar, but weasels don't get sucked into aero engines.
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|