Interesting. It doesn't invalidate the UK DP discussion, but does add a
quirk as a matter of practical enforcement.
There is a precedent on the issue of jurisdiction. Someone who was
managing from the UK a website in the USA offering obscene material
contrary to the Obscene Publications Act was IIRC successfully prosecuted.
I will try and find the case.
Iain Harrison wrote:
> Another point to note is that, as I recall from previous media coverage (this site has been around for a while) it that the site is actually hosted outside the UK (in the US I believe).
>
> Iain Harrison
> Information Management Consultant
> Leicester City Council
> 0116 252 7606
>
>>>> Nigel Roberts <[log in to unmask]> 10/05/06 2:33 pm >>>
> There is some quite complex law involved, in addition to DP issues.
>
> However I think, viewed objectively, this does raise some serious DP
> issues irrespective of who is publishing this information, or their
> motivation. I will confine myself to the DP issues. (I think incitement
> is a difficult one to prove, if it's done with a 'nod and a wink').
>
> DP matters which spring to mind are :-
>
> 1. Has the publisher Notified his processing to UKIC
> 2. Was the data collected fairly and lawfully?
> 3. Does the publisher have the informed consent of the data subjects?
> 4. Can the Data Subjects issue a Prevention of Processing notice?
>
>
>
> Nigel Roberts
>
> Tim Trent wrote:
>> We do not usually do this. However I have had this passed to me by a list
>> member who is not unreasonably concerned about retaliation. When you read
>> the message you will see why. Since these are unusual circumstances I have
>> undertaken not to set a precedent, but to post this in my own name and
>> protect the person who emailed me. They would be grateful for advice from
>> list members on
>>
>> a) Whether it is appropriate for a Data Protection response
>> b) If so, what that response should be
>>
>> I am posting it verbatim apart from protecting the identity or location. I
>> will add any reply of my own as a reply to the initial circulation.
>>
>> Message begins:
>>
>>> All,
>>> If any of you read yesterday's national Guardian in the G2 suppliment
>>> you would have read about a website called Redwatch. It is an extreme
>>> right web site which encourages contributors to photograph enemies of
>>> such organisations as the BNP to photograph people, typically
>>> journalists, councillors, demonstrators, political opponents,
>>> anti-racists, indeed anybody who opposes their extreme policies. They
>>> then publish the photos and if available their addresses on the website
>>> with a strong implication that some kind of retaliation is appropriate.
>>> One phrase on their homepage reads "we must be prepared to unleash all
>>> the furies of hell". Nice people !
>>> How can we pass on this insight into the basic style of the BNP those
>>> residents who voted BNP in May's election?
>>
>>
>>
>> Tim Trent - Consultant
>> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
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>>
>>
>>
>>
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