If a body had a charter would that suggest that it was "governmental" in some way? In the way that the Crown is considered public as in the Crown lands are often considered "public" land in that they serve a public function to the extent that the Crown serves a public function?
A secondary nuance, unrelated to this thread but central to the point of "what is public", is whether the Crown determines the limit of the public. In other words, all is public (the Crown's) save that which is private. In other words, the Crown determines what is public rather than the public as public determining what is public.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 13 April 2015 10:39
To: [log in to unmask]
Subject: Re: Sched 2/3 combinations: Conditions for Processing Sensitive Personal Data
As the law stands (at least prior to Fish Legal which I need to read several more times I guess) I would be reasonably confident in asserting the hospice in Paul's example would not be within condition 5(d).
Always risky applying definitions from one field to another but given that both DP and Equalities have roots in the HR convention I believe the reasoning in R. (on the application of Heather) v Leonard Cheshire Foundation and Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank in deciding what are "functions of a public nature" would apply here. One of the key issues was that the person had to be in some way "governmental" before the HRA could be applied.
... which makes the example in my previous post look rather dodgy to say the least
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