They are definitely wrong. If I owned a special car of some kind, I would
not necessarily want details of its whereabouts published in any form that
may fall into the hands of a thief. (If anyone wants my rusty 14-year-old
Astra they're welcome to it. It's outside my house.) Therefore, I think
they are barmy even to try to claim exemption. I presume they are not
confusing exemption from Notification with exemption from the Act; that
sometimes happens in small voluntary organisations.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Simon Howarth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 29, 2010 10:42 AM
Subject: Re: A club claiming Sec 32(2)(a) exemption
> Their privacy statement states that they are exempt from the Data
> Protection
> Act under that section. However, I have queried this and found that what
> they mean is that they reserve the right to use information in
> publications
> - which is still not right but I can sort of understand why they might
> want
> that. However, the statement is erroneous and it's not meant to claim
> exemption from the DPA - just badly worded. We'll worry about the
> journalistic exemption at a later date. I sort them out!
>
> Simon.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
> Sent: 29 September 2010 10:00
> To: [log in to unmask]
> Subject: Re: [data-protection] A club claiming Sec 32(2)(a) exemption
>
> And from what are they trying to claim an exemption - subject access?
>
> 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 Paul Ticher
> Sent: 29 September 2010 09:54
> To: [log in to unmask]
> Subject: Re: [data-protection] A club claiming Sec 32(2)(a) exemption
>
> What are they doing, or wanting to do, that they think entitles them to
> claim exemption? The tests in s.32 (1) are cumulative; they all have to
> be
> true. I find it hard to think of a situation where a car club could claim
> both a public interest and a necessity in exempting its publications, etc,
> from the Act.
>
>
> Paul Ticher
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
>
> ----- Original Message -----
> From: "Simon Howarth" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, September 27, 2010 8:16 PM
> Subject: A club claiming Sec 32(2)(a) exemption
>
>
> I have come across a claim for exemption to the DPA under Sec32(2)(a).
> Jornalism, Literature, Art.
>
> The club is to do with cars (a car club) and whilst it's not the end of
> the
> world, I wonder how they might justify this exemption - anyone point out
> to
> me something I may be missing.
>
> The club is volunteer based and non-profit.
>
> Maybe it's just me and I am too tired....
>
> Thanks in advance.
>
> Simon Howarth.
>
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