In a message dated 15/01/04 10:31:44 GMT Standard Time, [log in to unmask] writes: > I don't really see why the IC needs this legislation to challenge terms or > policies "which would be in Breach of DPA principles" anyway - if there's a > clear breach of the DPA, why go chasing after a tenuous argument based on > UCTA? --------- Probably because some employers are now putting terms in employment contracts to give them "legitimacy" in repect of the monitoring - particularly in respect of a Schedule 2 condition. Oops, I mean "the employer has to identify a condition from those listed in a certain section of the Act, failure to do so would mean the processing is illegal." (Will the OIC actually tell us the new phrases to use?) Ian B Ian Buckland Managing Director Keep IT Legal Ltd Please Note: The information given above 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] Website: www.keepitlegal.co.uk ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^