Hmmm, this is a tricky one!!
In my view, if it's able to be made identifiable, then I think it has to contradict your postulate that the data is not identifiable.
Assuming that the future intention to make it identifiable is known by C at the time it is supplied to O, then confidentiality might well apply to it. Does the legal basis provide a justification for breaching confidentiality?
Regards,
Peter
Peter Dinsdale
Data Protection Consultant
Perfect Image /
T: 0191 238 0111
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 09 August 2018 15:56
To: [log in to unmask]
Subject: [data-protection] Thursday Conundrum
Postulate: C has a dataset A which is not currently identifiable data but if it was identifiable would be subject to a duty of confidentiality.
Dataset A is to be supplied to O.
Assume: O's current uses do not require identification and there is no reasonable possibility of re-identification.
HOWEVER
O's future intention is to make the data identifiable (big assumption that this can even be done without contradicting the postulate but go with it) and link it with other identifiable datasets B C and D. If that comes to fruition it will not be a breach of confidentiality at that time as the linkage and uses will have statutory authorization.
Q. Does this future intention to make the data identifiable destroy my postulate that the data is not identifiable - in which case it cannot be supplied now without breaching confidentiality (there is no suggestion of getting consent - explicit or implied).
My gut reaction is no - since when the change comes it will have a valid legal basis.
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