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Les Kingstone on 08 December 2004 at 13:21 enquired:-

> http://www.edinburgh.gov.uk/transportedinburgh/Referendum/
> 
> This appears to be at odds with the ICO's interpretation ...
> 
> http://ico-cms.amaze.co.uk/DocumentUploads/the%20use%20of%20th
> e%20electoral%
> 20register%20in%20light%20of%20the%20robertson%20case.pdf
>
> and the DCA's interpretation.
>
> Question - would you believe that Edinburgh City Council have ...
>
> 1.  Not asked their DPO?
> 2.  Are running worried, in case they create a bit of a faux pax?
> 3.  Might be wrong?
> 4.  Might be right?


1. Where they have doubts, not to have asked their DPO would be foolish.
 
2. They could well be worried.

3 & 4. The response they get from their DPO and any other parties they may
ask will probably be dependent upon the level of training received, the
subsequent level of expertise they have achieved and the amount of time they
are allowed in order to accurately research the subject. The necessary
amount of time will clearly be dependent upon the previous two items and
will be affected by other priorities, which will no doubt be on the DPO (and
FOI if they cover both) agenda. Most of those items is under the councils
control so they will no doubt get the answer they have provided for.

The Edinburgh city DPO may well have sufficient resources available, or
staff, to reduce the time factors without sacrificing accuracy, or they
could well be of a sufficiently high expertise to be able to resolve the
issue immediately. (In which case they are possibly underpaid.)

Either way if both the ICO's and DCA's interpretation are similar the
question is more one of what could happen which may affect the validity of
those views and which may affect. Given the sensitivities of many political
environments the question could well be double sided and more reflective of
localised issues than anything.

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of 
> Les Kingstone
> Sent: 08 December 2004 13:21
> To: [log in to unmask]
> Subject: Referendums and Robertson
> 
> 
> Edinburgh Council believe that there is a problem with 
> traffic congestion
> within the City.  They are also intending to hold a referendum of the
> City's population over this question in February 2005.
> 
> However, they are under the belief that if you have opted-out 
> of receiving
> marketing material then you need to opt-into receiving the referendum
> voting form
> 
> http://www.edinburgh.gov.uk/transportedinburgh/Referendum/
> 
> This appears to be at odds with the ICO's interpretation ...
> 
> http://ico-cms.amaze.co.uk/DocumentUploads/the%20use%20of%20th
e%20electoral%
20register%20in%20light%20of%20the%20robertson%20case.pdf

and the DCA's interpretation.

Question - would you believe that Edinburgh City Council have ...

1.  Not asked their DPO?
2.  Are running worried, in case they create a bit of a faux pax?
3.  Might be wrong?
4.  Might be right?


Les

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