I found this fascinating.
Thing is, when you say
> result, but actually found the test very hard to apply (I think a UK
> court minded to get to the same result could in good faith apply the
> test and not find personal data).
/HOW/ do you consider the Court would apply the test? That is to say
would they construe it literally, or purposively.
In a case where the Directive was being considered (and practically,
that would have to involve an 'emanation of the state'), I would suggest
the Court should construe the test teleologically (Litser v Forth Dry
Dock is authority for that, isn't it?).
And if it does do that, it would be much more likely to find personal
data, wouldn't it?
Nigel
--
Nigel Roberts FBCS
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Landau
> Sent: 16 July 2007 17:30
> To: [log in to unmask]
> Subject: Re: [data-protection] Def of Personal Data by the Article 29
> Working Party
>
> This is actually from the
>
> EU ARTICLE 29 DATA PROTECTION WORKING PARTY
> 01248/07/EN
> WP 136
> "Opinion 4/2007 on the concept of personal data"
>
> which is originally published by the EU at
>
> http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2007/wp135_en.p
> df
>
> I would be interested as to why Statewatch have republished the report
> as
> their own rather than given a link to the EU report.
>
> Setting that aside, can someone comment on how it applies to Durant -
> for
> those of us less familiar with the case.
>
> Nick Landau
>
> Nick Landau's Profile on LinkedIn.com
> http://www.linkedin.com/in/nicklandau1
>
> The Numbers Game
> http://uk.geocities.com/nicklgreen/Nos_Game
>
> ----- Original Message -----
> From: "Chris Brogan" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, July 16, 2007 11:05 AM
> Subject: Re: [data-protection] Def of Personal Data by the Article 29
> Working Party
>
>
> For those of you who don't subscribe to Statewatch I think you may find
> the following paper of interest.
> http://www.statewatch.org/news/2007/jun/wp-136.pdf
>
> I thought I might send this article to Lord Auld (Durant Case) but don't
> really have the bottle.
>
> Chris Brogan
> Managing Director
> Security International Ltd
> 130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
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