One needs to be careful in using such practices in general application
because (over simplifying):
Anonymous data is not personal data - no problem QED
Pseudonymous data is personal data.
If it is also sensitive personal data most data controllers cannot even
use it for statistical purposes unless they can demonstrate specific
consent (Schedule 3 Cd 1) but certain health organisations can use Cd 2
as they have statutory obligations (which do not apply to the rest of
us) to prepare and publish health statistics.
This was one of the stumbling blocks in the Collie case. The particular
data controller had no statutory gateway to deal with the health data
once HL found it was sensitive personal.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Mae Cyhoeddi Cynnar yn Codi Canfod Cadarnhaol
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 28 July 2009 14:08
To: [log in to unmask]
Subject: Re: [data-protection] [SPAM] [data-protection] Pseudonymisation
[was Spinvox]
The Information Centre for Health and Social Care use pseudonymisation
for some processes and they are red hot on protection of personal and
sensitive information. It may be worth giving them a shout - I can
supply a contact off-list if you feel it would be beneficial.
They are also looking at what you mention in terms of "honest
brokerage", that is being the organization that does the
matching/pseuodnymisation and keeps the "keys" secure. It's part of a
bigger health service project and is being looked at very carefully...
Regards,
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 24 July 2009 08:47
To: [log in to unmask]
Subject: [SPAM] [data-protection] Pseudonymisation [was Spinvox]
Can I extend the discussion on pseudonymisation.
There are now many on-line applications that store data in 'the cloud' -
somewhere on the internet but without being too specific. I'm currently
working on a project for a number of voluntary agencies where such a
product
is an option under consideration.
However, these agencies exchange personal data with government agencies
and have been told that the data must not leave the UK.
The solution proposed by one supplier is to send the raw data initially
to a
location in the UK where it would be pseudonymised before being sent on
to the service provider in the cloud, where it would be stored and
processed as
normal. When required, the data would be sent back to the UK, reunited
with
its identifying information, and passed back to the user.
Is this a viable mechanism (a) to meet the government requirement, and
(b) to comply with Data Protection requirements? What questions should
we be asking of the supplier?
There do not seem to be any current examples of where this approach is
in use by an official or quasi-official body, but the suppliers claim
that it is sound.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Marchini, Renzo" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 24, 2009 8:30 AM
Subject: Re: Spinvox
Tim
You are right that the incorrect register entry is fairly trivial
(albeit the only criminal offence possibly committed!). Assuming there
is personal data being transferred, they still then need to be a
legitimisation for the transfer, and perhaps there are model contracts
in place (again, fairly trivial to correct, if not yet done).
Then there is the first principle issue of legitimising the processing
by human (irrespective of where the processing takes place). There is
arguably no consent to that (given its hidden), but perhaps its
necessary for performance of the contract (computers being not very good
at this sort of thing). So with a proper privacy notice, that too can
be cured.
Yes, a little storm in a teacup.
I for one, however, am interested in views as to whether the technique
of pseudonymisation used here (which will have wider and more serious
uses) is sufficient to disapply the DPA ... anyone?
Renzo.
________________________________
From: This list is for those interested in Data Protection
issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 23 July 2009 23:35
To: [log in to unmask]
Subject: Re: [data-protection] Spinvox
I think I may be alone in seeing a load of fuss about nothing.
All they got wrong was a naive notification, wasn't it? Let's all apply
for the job of Privacy Officer there - it looks like there may be a
vacancy soon!
If you want a giggle at "Tim's Rant" do visit my blog at
http://bit.ly/zR15j where you can giggle all you want.
Or is there more to this that I really can't see (it being a
silly time of day)? Have I made a real chump of myself for once
(once?)?
--
________________________________
Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find
the news first
personal blog: timtrent.blogspot.com/ - news, views, and
opinions
personal website: Tim's Personal Website
<http://www.trent.karoo.net> - more than anyone needs to know
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