In a message dated 12/07/04 15:58:23 GMT Daylight Time,
[log in to unmask] writes:
> Where is the "substantial public interest test"? Is it in the CDA? I may be
> being a bit thick, but there's no public interest test in the DPA that I'm
> aware of .Surely if we have the vires, then consent is one of the reasons to
> share data, but it doesn't have any special significance above any of the
> other conditions?
--------
It is unlikely that the person's human rights, rights under DPA (although
after Durant and Johnson I'm not sure where this one is going), meeting the
"necessary" part of Schedule 2/3 conditions, proportionality rules, common law and
natural justice that the data could be shared without their consent unless the
public interest is served. In my opinion it is a combination of rules,
rather than a pure DPA question.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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