Decisions of European courts are not binding on UK courts (as decided in the House of Lords in Kay v Lambeth Council) but are persuasive. Of course, as the ultimate right of appeal on a UK decision is to the European Court any decision reached by the latter is significant, at least.
Carolyn Howard
Solicitor
Leicester City Council
email: [log in to unmask]
ext: 29 6498
tel: 0116 252 6498
(Office hours: Mon a.m./Tue/Thu)
>>> "[log in to unmask]" <[log in to unmask]> 07/05/2008 16:18 >>>
Lindquist was C-101/01 at the European Court of Justice,
http://curia.eu.int
are those rulings applicable over the UK courts?
I sometimes try and put these things into another perspective to gain
a broader understanding of generic factors so:-
What would the insurance industry say to somebody who consistently
left a hire car unlocked and unattended with the keys in the ignition
culminating in a claim for a stolen car? Although one could imagine
the fact it was under cctv survellience would have some bearing on
risks and liabilities.
The vehicle driver should be in the best situation to determine risk,
and so
their views must clearly be included within any liability
discussions;
but that scenario does present interesting issues when applied to
personal data.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of POUNDER Chris
Sent: 06 May 2008 11:50
To: [log in to unmask]
Subject: Re: [data-protection] Publishing Staff Information Online
Putting personal data on a server is NOT a transfer outside the EEA
if
the server is in the EEA (see Lindqvist)
A data controller can also assess adequacy in terms of the 8th
Principle - if this is done (properly), there is no need for a
Schedule 4 condition. The Sched 4 condition only says you don't need
to
assess adequacy
Chris
--------------------------------------------------------------------------------
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Harrison, Iain
Sent: 06 May 2008 08:42
To: [log in to unmask]
Subject: Re: [data-protection] Publishing Staff Information Online
Putting personal data on the web is a transfer outside the EEA, so
it's an 8th principle issue.
Are there any schedule 4 conditions applicable? From what you have
said I cannot see any contractual reasons to do this, or public
register requirements to be met by doing this.
Looks like a breach to me!
Iain Harrison
Information Governance Officer
Information Governance Team
Customer & Workforce Services
Coventry City Council
Council House
Earl Street
Coventry CV1 5RR
Telephone No: 024 7683 3305
Fax No: 024 7683 3395
www.coventry.gov.uk
--------------------------------------------------------------------------------
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Joe Sutton
Sent: 02 May 2008 11:12
To: [log in to unmask]
Subject: [data-protection] Publishing Staff Information Online
I would like some opinions on how people see this panning out, if you
would not mind!
A decision was made to publish a document containing staff names, job
titles, and photographs on the internet. No permission from staff was
sought, the Schedule 2 condition used instead of permission was 6(1),
included here for those of you who, like me, don't have them all
memorised...
6 (1) The processing is necessary for the purposes of legitimate
interests pursued by the data controller or by the third party or
parties to whom the data are disclosed, except where the processing
is
unwarranted in any particular case by reason of prejudice to the
rights
and freedoms or legitimate interests of the data subject.
I'm not too happy that permission wasn't sought anyway, out of
politeness if nothing else, but hey ho. The thornier issue was when a
staff member found this information popping up when doing an online
search against their name. They reported to me that they had not been
informed the information was to go online, and wanted it removed. We
got this in writing, treating it as a Section 10 notice, and pulled
the
information off the website while the matter was discussed.
An agreement has not been reached and management are looking to put
the information back online as soon as possible, claiming that the
possible damage or distress is neither substantial nor unwarranted.
The
staff member has lodged a complaint with the ICO, but the team that
will probably handle the case has a 4 month backlog.
Cavalier attitude to staff aside, I'd like thoughts on whether the
law
is being followed in a reasonable manner. Its not best practice, in
my
opinion, but not having dealt with an issue like this where an
agreement has not been reached, I'd appreciate the beenfits of
experience!
Thanks
Joe Sutton
Data Protection Officer
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