Thank you. I was thinking more along the lines of which perspective the
UK Government were taking when viewing the 'privacy' paradigm during
the debating process which allowed for what has now been overwhelmingly
stated as an unlawful intrusion.
Because of the DP principles I would guess that the majority of police
DP practitioners had advised against the course of action, which was
taken, and their advice was for some reason ignored. Interestingly if
their advice (which logic indicates must have been given) supported the
unjust retention the DPA would allow for a convincing argument against
its very principles.
My conclusions kept returning to the power perspective, as in
information is power, which it is true forms a major part of a
political perspective of privacy. But that should safely have been
tempered by other considerations providing for some balance in the
legislative process. The puzzle is why/how was it not.
I have only read the judgement through once, and have not read any of
the other analysis yet, merely looked at some of the media coverage so
maybe other answers will come from the perspectives provided in those
areas.
Ian W
-----Original Message-----
From: Kevin Broadfoot [mailto:[log in to unmask]]
Sent: 05 December 2008 11:50
To: [log in to unmask]; Ian Welton
Cc: Kevin Broadfoot
Subject: Re: DP analysis re the retention
Subject: Re: DP analysis re the retention
From: "[log in to unmask]" <[log in to unmask]>
Ian W asked:
>A question which keeps recurring to me, having now read the case, is
>what is it that the UK government is not afraid of, and yet nearly
>everybody else is, and why?
A possible explanation is that some European countries don't need to
pass
national legislation for the Convention rights to have effect. Also,
all the
other COE members states with the exception of Iceland (I think) have
written
consitutions and in many of these privacy is an enumerated
constitutional
right.
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