The whole Durant thing might actually be based on something more trivial
than a clash of continental cultures. After all, the Data Protection Act
1998 is clearly intended to cover both electronic and paper records, and if
the appeal judges were correct in their interpretation, you would have to
wonder why anyone would have bothered to extend the scope to paper in the
first place. Why write legislation that includes such a narrow slice of the
paper world? I don't think that's what was intended.
I suspect that the judges didn't take to Mr Durant or his argument with the
FSA, and knowing nothing about Data Protection in practice, they decided to
teach him a lesson. In so doing, they came up with a muddle. Find a real
example of a relevant filing system, and a real example of a personal file
that isn't a relevant filing system, especially if you can find such
examples about yourself. Then try to explain rationally why you can have
one, but not the other. Or why you can't have a chronological paper file
about yourself, but you can (potentially) have jumbled unstructured
electronic information. It's silly. I think the judges made a mistake, and
there should be no problem in saying so.
Occasionally, Durant can be useful - I don't believe that a person should be
entitled to a document just because their name is mentioned in it - but
trying to apply it to a well-ordered structured file is daft. I don't think
the Commissioner's Office covered itself in glory by accepting uncritically
what the judges said, and they should have spent the last few years chipping
away at Durant. More than anything, the Government and the regulator should
be more open about the infraction proceedings which are supposedly going on.
If Durant might be overturned by Brussels, we should be forewarned.
Tim Turner
Data Protection / Freedom of Information Officer
Wigan Council
> ----------
> From: Tim Trent[SMTP:[log in to unmask]]
> Reply To: Tim Trent
> Sent: 17 October 2005 22:05
> To: [log in to unmask]
> Subject: Re: [data-protection] Durant ends his data protection battle
>
> Over the months I've given a lot of thought to Michael Durant and the
> rights
> and wrongs of his case. Chris's article catalysed my pulling a view
> together that you may agree with or disagree with violently at
> http://www.marketingimprovement.com/hotnews/freestanding/durant.html
>
> It's always struck me that, while the whole Durant thing is a very British
> reaction, the awful paradox is that we're stuck(!) with Brussels.
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Pounder Chris
> Sent: 12 October 2005 16:49
> To: [log in to unmask]
> Subject: [data-protection] Durant ends his data protection battle
>
> http://www.out-law.com/page-6218
>
> Michael Durant, who lost a landmark Court of Appeal ruling on the meaning
> of
> "personal data" two years ago, has withdrawn his petition to the House of
> Lords. This means the House of Lords will no longer review the Court of
> Appeal's narrow interpretation of the definition............
>
>
> Dr. C.N.M. Pounder
> Consultant & Editor of Data Protection & Privacy Practice Pinsent Masons
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>
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