>In relation to Durant, I think the arguments used to sustain the Courts
> view on a narrow interpretation of personal data do not stand up to
> scrutiny (e.g. against the Parliamentary record)
>
From memory, one of the problems with the decision was the defeinition of a
relevant filing system, and in that the judgment seems to follow what was
said by the minister George Howarth (I think in committee in the HoL) - i.e.
a paper file with someone's name on the front but the contents in no
particular order and without an index would not be covered by DPA.
Underlying the British law is the European directive which it supposedly
implements. Arguably if the reult of Durant is that British law does not
fully implement the directive the British law should be changed ... but I
won't hold my breath. An alternative view is that the Court of Appeal lost
the plot and if Durant isn't appealed another case will need to go to the CA
so it can find a nice way of changing its mind.
Oh, and I thought it was Durrant!
Paul
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