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withdrawn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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