[log in to unmask] on 23 July 2004 at 16:40 said:-
> However the IC still says he is happy with
> the decision in
> Durant.
Making an allowance for the necessarily strict hierarchical nature and
mechanisms of the legal system, the ICO's happiness could be understandable.
Considering that the ICO should be the data subjects champion in these
matters, the stance is at least puzzling, in a similar way to the media's
stance on DP, there is much paradox and great ambiguity.
Perhaps as a means of creating a healthier climate, all data subjects should
be abandoned to look after themselves by masking their intentions, thoughts
and actions, everything would be much clearer for people.
Really saddening when privacy mixes in these matters.
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: 23 July 2004 16:40
> To: [log in to unmask]
> Subject: Re: Vexatious SAR's - uh?
>
>
> In a message dated 23/07/04 15:43:21 GMT Daylight Time,
> [log in to unmask] writes:
>
>
> > Surely the whole point is that someone may suspect that
> they have been
> > wronged in some way, but may not have the evidence to
> support that suspicion, and
> > submitting a SAR, either directly or through a solicitor,
> is one of the few
> > mechanisms they have of getting that evidence.
>
> --------
> But the judges in the Durant appeal specifically said that
> people should not
> use SARs as a way of getting info for litigation purposes.
> They said the only
> reason we have a right to see the information is to establish
> whether our
> privacy has been breached. No mention of accuracy,
> fair/lawful processing,
> retention, etc. One judge apparently said to another when
> asked by counsel about
> the other 7 Principles "do we have to consider them?"
>
> No wonder the EC is investigating whether the UK's law
> adequately reflects
> the Directive. However the IC still says he is happy with
> the decision in
> Durant.
>
> 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
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> I.T. Legal Ltd at
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>
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