Hi Owen
Thanks. However this issue is not about the DPA implications of publishing someone's name and criminal charge (which raise questions about open justice and "necessity" - something I blogged about a couple of years ago
http://informationrightsandwrongs.com/2012/03/16/open-justice-charter-versus-privacy-rights/).
The current issue is specifically about the naming of those charged *in conjunction with* the hashtag #drinkdriversnamedontwitter.
Jonathan
> On 30 Jan 2014, at 15:25, "Owen Thomas" <[log in to unmask]> wrote:
>
> If I may - this case really strikes me as pretty simple...
>
> "[Name], [Age], [Location]
> Arrested & Charged with Drink Driving..."
>
> DPA Section 2(g) says that this is sensitive personal data - 'charged with' equates to the DPA's "...alleged commission by him of any offence", no two ways about it.
>
> Schedule 1(1)(b) says that a Schedule 3 Condition is needed simply to allow processing ("Personal data ... shall not be processed unless ... - in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.")
> Unless I'm missing something obvious, I don't see anyone offering a viable Schedule 3 condition here.
>
> If something looks like a duck, swins like a duck, waddles like a duck and quacks like a duck...
>
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