> Chris Spray wrote:
>
>I don't think many employees will be very happy if employers adopt this
> approach.
>
I think the question might well be what are the consequences, given the
point Chris P made:
> Many will now
> question whether or not the UK law is compliant with Directive 95/46/EC.
The Directive says that :
For the purposes of this Directive:
(a) 'personal data' shall mean any information relating to an identified or
identifiable natural person ('data subject'); an identifiable person is one
who can be identified, directly or indirectly, in particular by reference to
an identification number or to one or more factors specific to his physical,
physiological, mental, economic, cultural or social identity;
(b) 'processing of personal data' ('processing') shall mean any operation or
set of operations which is performed upon personal data, whether or not by
automatic means, such as collection, recording, organization, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or
combination, blocking, erasure or destruction;
(c) 'personal data filing system' ('filing system') shall mean any
structured set of personal data which are accessible according to specific
criteria, whether centralized, decentralized or dispersed on a functional or
geographical basis;
It applies to "personal data which form part of a filing system or are
intended to form part of a filing system".
It seems this decision is qualitatively different in the way it defines the
terms and poses subjects' rights. If it's wrong, what do we all do? If it's
right, most of the discussion which has occurred on this list has also been
entirely misconceived for the past few years!
Paul
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