Graham Hadfield on Monday, September 05, 2005 at 2:00 PM said:-
> Looking again at BIP 0002 it would appear that Principle 1 DPA may often
> supply the legal rules which apply restrictions. The publication actually
> uses the electoral register as an example - maybe its subliminal
> rememberance that I also did so :-))
>
Not subliminal at all, fairness is a moral and ethical issue, which is drawn
into the legal arena by that DPA principle.
Arguing that effectively in situations where harder currency counts is the
difficulty as I recall.
> BIP 0002 discusses whether data subjects might anticipate that their data
> might be used for testing - i.e. whether that purpose is obvious
> or whether
> data subjects need to be informed before the processing takes place.
None of that provides firm answers on using publicly available personal data
for testing purposes though. For example if an organisation used publicly
available data on court results obtained from publicly available personal
data on legal related sites for testing purposes, that could be argued as a
legitimate use as I do not suppose for one instant that persons appearing at
court are informed information on their appearance/case which goes into the
public domain will be restricted in use in any way.
Equally many publishers of such material probably do not consider purpose
restrictions beyond those protecting themselves, leaving such data available
for a wide range of, to be fair, often related purposes. (Data is not much
use for unrelated purposes.)
One assumes there must be an inherent anticipation that publicly available
data may be used for many purposes including testing, as effective
restrictions do not seem to be applied and any original purpose can often be
completely lost.
The dangers to data subjects are not reduced in any way though, so it
appears some are merely abandoned.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Graham Hadfield
> Sent: Monday, September 05, 2005 2:00 PM
> To: [log in to unmask]
> Subject: Re: Test data - retention of test results
>
>
> Looking again at BIP 0002 it would appear that Principle 1 DPA may often
> supply the legal rules which apply restrictions. The publication actually
> uses the electoral register as an example - maybe its subliminal
> rememberance that I also did so :-))
>
> BIP 0002 discusses whether data subjects might anticipate that their data
> might be used for testing - i.e. whether that purpose is obvious
> or whether
> data subjects need to be informed before the processing takes place.
>
> I would commend the BIP 0002 publication to anyone wrestling with this
> problem (I have no connection with BSI other than as an employee of a
> customer).
>
> Regards,
> Graham
>
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