Another thing to consider is whether you think the original publishing
breached DP principles.
If it did not , then setting aside customer care issues, I cannot see a
basis for an obligation to approach Google. They are not data processors
for you and are responsible for their own actions. Accepting a section
10 notice (formal or otherwise) does not of course necessarily mean the
original action was a breach.
If you think you were in breach then it is strongly arguable that under
principle 7 you should contact Google and make representations. After
all if you sent an envelope or email with personal data to the wrong
address you would surely contact the addressee and ask them to return or
destroy.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Information is the Currency of Democracy
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 23 February 2010 10:45
To: [log in to unmask]
Subject: Re: [data-protection] retrieving documents from the web after
consent is withdrawn
Lawrence - my thoughts:
I think there might be doubt whether there was any obligation on the
previous council to comply with the request for removal, and I struggle
to see in what way your current council could be said in any way to be
in control of data on cached google pages. Therefore I cannot see that
the council now has an obligation to initiate a process to try to remove
the data.
Was a section 10 notice issued at the time by the data subject? If not,
I presume the argument at the time was along the lines of a schedule
2(6) point that the processing (in the form of web publication) was
unwarranted because it was intrusive: as a counter to that is the fact
that the processing consisted of publishing on the web information which
exists and is required by law to exist, in a public register. In any
assessment of the schedule 2(6) point I think a data subject would
struggle to argue that the publishing of a name and address was
unwarranted (I think the general advice is merely to redact, when
publishing planning objections on the web, signatures and phone
numbers).
If a valid section 10 notice was issued it might change things, but I
still don't think, on the facts, that your council could be seen to be
the controller.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
tel: 01296 383681
fax: 01296 382421
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 23 February 2010 10:06
To: [log in to unmask]
Subject: [data-protection] retrieving documents from the web after
consent is withdrawn
Dear All,
The following scenario has emerged. One of our previous council's (we
have merged 8 into 1) posted planning material to the web in line with
the guidance on publicizing the planning information.
A couple of years ago, the previous district council published the
objections to a planning application. Several months later, the person
who wrote the letter requested that their information be removed as
their name and address were visible.
We removed the webpage from our server and took down the information
from the archived web page. The Council no longer exists and its web
page is archived.
The rub is that the information can be found, indirectly, in a google
docs page. If you follow the link, you come to a blank page. However,
if you look a the google quick view, it brings up the document with the
name and address. When the author wrote to the previous Council he
asked that it was removed, which they did.
Would that Council have needed to contact google to remove the
information from their servers? Is this something that the applicant
needs to do or should the Council initiate this process?
Once something like this passes into the web, who then controls the data
and is responsible for it? If you have faced this situation, how have
you proceeded?
I would be grateful for any views on this as this is the first time this
has emerged, but it may not be the last.
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