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[log in to unmask] on 14 December 2004 at 16:21 said:-

>  . . . or maybe they read the Durant case, including the 
> "obiter dictum" 
> regarding the real reason for subject access.  Rather than to 
> allow you to check 
> accuracy, or to find out whether excessive data are held, the 
> subject access 
> provision is there so you can ascertain whether your privacy 
> has been breached.  
> Or so says the judge.

But the DPA makes no mention of privacy!

It would seem the judge was using his interpretive discretion, the same as
organisations or DPO's may do with respect of SAR fees where the data has
been found to be wrong.  Could that possibly be a useful indicator for
organisational integrity I wonder.

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of 
> [log in to unmask]
> Sent: 14 December 2004 16:21
> To: [log in to unmask]
> Subject: Reasons for SAR (was Unstructured personal data)
> 
> 
> In a message dated 14/12/04 16:03:46 GMT Standard Time, 
> [log in to unmask] writes:
> 
> 
> > It sounds as though they do not consider the DPA 1998 £10 
> maximum SAR fees
> > to be proper recompense for allowing you to assist them by 
> checking if the
> > data they hold about you is accurate.
> 
> ---------
> 
>  . . . or maybe they read the Durant case, including the 
> "obiter dictum" 
> regarding the real reason for subject access.  Rather than to 
> allow you to check 
> accuracy, or to find out whether excessive data are held, the 
> subject access 
> provision is there so you can ascertain whether your privacy 
> has been breached.  
> Or so says the judge.
> 
> Ian B
> 
> 
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
> 
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> negate the need 
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