I suspect I and many others of us are guilty of wishful thinking. I can see
why Brussels might want us to implement the law in a more forceful manner.
As it stands it almost feels as though we might as well all take Friday off.
It is increasingly easy to see why the law id not taken seriously except by
those with high ethical standards. But high ethical standards are not
always the best standards to have in commercial arenas, though they "have"
to be present in government.
It comes down, yet again to a law that is incompetent and pretty much
unenforceable. It looks in woeful need of redrafting, assuming you are
correct.
Is there a lawyer in the house?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 27 April 2007 08:12
To: [log in to unmask]
Subject: Re: [data-protection] A couple of other stories in the press
There are a limited number of criminal offences in the Data Protection Act,
like the Section 55 and 56 offences for example. They relate only to
specific things. Everything else is 'enforced' either by the complaints
resolution process offered by the Commissioner, through the courts or
through bad publicity. Unless they are idiots, I am certain that a lot of
people responsible for websites will this morning be checking how secure
their sites are. Thus, the Act is enforced by default.
I do not believe that the NHS have not knowingly or recklessly "disclosed"
information, so I don't believe they have committed the offence. You can
argue that point, but that's the only offence they could have committed. To
me, 'disclose' is active, not passive, and the problem with the NHS site
seems to me to be what they haven't done, not what they have done. They have
unquestionably breached Principle 7, on the other hand, but all this means
is that they could be sued. They cannot be charged with anything. We do not
improve matters by pretending that the Data Protection Act has any more
teeth than it has. Better to accept that it's weak and argue for change. At
the moment, if someone complains to the Commissioner, compliance unlikely
(the only thing the Commissioner is allowed to say) is the likely verdict,
but that's it. Unless someone can point to the secret part of the Act which
says that a breach of the Principles is also an *offence*, punishable in a
certain way, Paul is right.
"Offence" isn't a loose, informal word. If part of a law does not make
something an offence, it is not an offence, no matter what one might wish it
to be.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Thu 26 April 2007 22:52
To: [log in to unmask]
Subject: Re: [data-protection] A couple of other stories in the press
All these years and I had never realised that.
So, I can do anything I like, pretty much, as long as I have notified under
the act, and, as long as I stop doing it before an enforcement notice is
even mooted I can get away with it in law?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 26 April 2007 16:20
To: [log in to unmask]
Subject: Re: [data-protection] A couple of other stories in the press
A breach of the Data Protection Principles is only an offence if it is in
defiance of an Enforcement Notice. What exactly would the OIC charge the
NHS with in this case?
Individuals who could show that they had been damaged by the breach would,
of course, have the option of going to court for compensation.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, April 26, 2007 3:17 PM
Subject: Re: A couple of other stories in the press
> The truly scary thing is that the offence has been committed,
> especially the one where sensitive data was displayed, but that it is
> a racing certainty that the UKIC will not prosecute the offence.
>
> Perhaps its time his office was replaced with the Gatso loving North
> Wales Chief Constable and zero tolerance for speeding offences.
>
> _____
>
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Carter,
> Antoinette
> (MCS)
> Sent: 26 April 2007 14:05
> To: [log in to unmask]
> Subject: [data-protection] A couple of other stories in the press
>
>
>
> Law Report from Times Online:
> Employee's privacy breached by employer's monitoring (Copland v United
> Kingdom (Application No 62617/00) in the European Court of Human
> Rights)
>
>
>
<http://business.timesonline.co.uk/tol/business/law/reports/article1695516.e
> ce>
>
http://business.timesonline.co.uk/tol/business/law/reports/article1695516.ec
> e
>
> Junior doctors' sensitive data published on website
> <http://society.guardian.co.uk/health/story/0,,2065734,00.html>
> http://society.guardian.co.uk/health/story/0,,2065734,00.html
>
>
>
>
> Antoinette Carter
> Consultant
> Information Governance
> Marketing and Customer Services (MCS)
> Tel: ++44 (0)207 389 4970
> Fax: ++44 (0)207 389 4754
> Email: [log in to unmask]
>
>
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