Just because the Durant ruling is obstructive it doesnt impose any
obligation on you to be obstructive with regard to providing info.
Surely it would be better to be open and responsive when dealing with
SARs instead of withholding information just because you can?
>>> Tim Trent <[log in to unmask]> 19/05/2004 13:42:12
>>>
If we follow that track, it was, I think, in the early or mid 1990s
that the
Metropolitan Police Commissioner said that "police could no longer
prevent
crime, they could only attend it."
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hubert, Paul
[STU]
Sent: Wednesday, May 19, 2004 12:03 PM
To: [log in to unmask]
Subject: Re: [data-protection] UK's Data Protection Act Might Not Meet
European Union Standa rds
>Lack of enforcement means the law is bad law. It should either be
>repealed
or enforced.
I think your view is too abstract, Tim. There are many areas of
society
where the enforcers of laws and statutory systems of regulation
exercise
discretion in a somewhat arbitrary way whether to pursue cases or not.
The
police don't pursue every burglary reported, and the HSE don't pursue
every
breach of health and safety. If every breach of any law led to a
prosecution
the whole of society would be constantly in and out of the courts one
way
and another. The problem is where there is so much discretion
arbitrarily
exercised that it becomes impossible for anyone to know where they
stand
because similar cases get treated in wildly different ways.
Paul
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