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In a message dated 09/11/2001 09:23:28 GMT Standard Time,
[log in to unmask] writes:

<< But opinion on the actual need to notify seems mixed. Our legal department
has taken a view, but as far as I'm aware there is no case law. >>
---------
I wasn't aware that opinion was mixed.  I was under the impression that:

1) If the councillor has personal data relating to complainants, surgery
visitors, council staff dealing with the councillor's enquiries, their own
staff or others involved with their representational activities, the
councillor is a data controller in his/her own right; and

2) If that information is being processed on computer or by other automated
means, the councillor is a data controller who must notify the OIC of his/her
activities.

You may be right about the case law, but which of your councillors are
prepared as individual controllers to stick their heads up above the parapet?
 Or which ones are you prepared to sacrifice by not informing them of their
legal obligations as advised by the relevant enforcement authority?

Ian Buckland
MD
Keep IT Legal Ltd

Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor.  If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:

55 Curbar Curve
Inkersall, Chesterfield
Derbyshire  S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
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