In a message dated 13/06/2001 01:36:34 GMT Daylight Time,
[log in to unmask] writes:
<< Principle 2 states
2. Personal data shall be obtained only for one or more specified and lawful
purposes, and shall not be further processed in any manner incompatible with
that purpose or those purposes.
Ive always understood this to read for 'specified purposes'the requirements
to notify via a register entry as per Part III
Principle 2 explanatory notes state
5. The purpose or purposes for which personal data are obtained may in
particular be specified-
(a) in a notice given for the purposes of paragraph 2 by the data
controller to the data subject, '....or....'
(b) in a notification given to the Commissioner under Part III of this
Act.
Does this 'or' make notification optional subject to a list of purposes
(those which you would normally register) being given to data subjects when
collecting data (as part of the fairness principle). Using this
interpretation it appears to conflict with section III requirements.
Conversely do I need to specify the 'purposes' of use under principle 1 as
defined in its minimum requirements in Schedule 1 part 2 section 3 as I have
made them 'readily available' (PartII section 2) given I have a public
register entry. This could save a lot of caveat work and space on forms or
time in telephone scripts etc. >>
-------
Dave
I may be wrong but I feel it could be another of those "grey areas" in that
the "or" may relate to whether the processing is manual or computerised (most
manual will probably not be registered) and whether it is "fair" under the
first principle to expect everyone to have access to the Internet (at present
the only method of access to the "public" register).
Ian Buckland
MD
Keep IT Legal Ltd
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