You know I like that shorter version immensely. :)
My impression is that nothing has actually changed. You've probably noticed
that I always emphasise "common sense" before diving into the law. This has
not and will not change, EVEN if common sense diverges from the law.
Why?
Because, certainly in the UK, prosecutions under the DPA happen when lack of
common sense has prevailed.
If you proceed with common sense, respecting my rights as an individual (let
alone my rights as a data subject), then you run almost no risk of offending
me. Even if you offend me, if you handle this properly, then you regain my
trust. Under these circumstances I will not make any formal complaint to an
external body. Thus, even if you don't comply absolutely with the law, the
risk you run is negligible. It's akin to driving on a deserted road at
80mph with no speed traps. It is a truly victimless crime. They do exist.
The moment you start to hide behind a law, especially one where everyine and
his mother has an opinion, and where journalists scent stories, then the
proverbial messy stuff and the fan come into contact. This is because we
are human. We see that common sense has not been applied, and we see an
attemtp to hide. Blood is scented, and we go for the throat.
So, to me, nothihng has changed. The need for common sense is omnipresent.
It is the same as the area of "Delete me from your database". If I do that
with your data, interpreting your request literally, I am not using my
common sense. You want, instead, to receive nothing from me. I need to act
to ensure that happens. But, in doing so, I break the law, UNLESS I tell
you what I am doing and give you the chance to accept that or to reaffirm
your desire for real deletion. Common Sense. And, here, common sense
diverges from the law.
Tim Trent - Consultant
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: Thursday, January 08, 2004 9:28 AM
To: [log in to unmask]
Subject: Re: [data-protection] FW: [data-protection] DPA to blame agai n
Have things changed to the extent that people consider one answer fits all
DP circumstances?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: Wednesday, January 07, 2004 11:32 AM
> To: [log in to unmask]
> Subject: Re: FW: [data-protection] DPA to blame agai n
>
>
> Pardon?
>
> [SNIP]
>
> "I formed the impression it was considered that the legal arena has
> progressed in coherence and flexibility in the disparate matters
> affecting informational privacy to the level that a formulated rules
> based framework which may be applied in all circumstances is now
> achievable."
>
> [SNIP]
>
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