It depends who's doing the posting and why, but I would guess that most
posts to MySpace would come under s.36 which says that "personal data
processed by an individual only for the purposes of [their] personal, family
or household affairs (including recreational purposes) are exempt from the
Data Protection Principles and the provisions of Parts II and III." Part II
deals with Data Subject rights and Part III with Notification, so the answer
to your question is almost certainly no to Notification if the poster is
posting purely as an individual.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Gerry Dane" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, October 13, 2006 2:54 PM
Subject: MySpace and DPA
Dear All.
Apologies for any cross posting.
In a situation where a MySpace site is being utilised, from within the
UK, to post personal data in respect of another individual.
1. Does the person who's space it is, need to register with the
commissioner as a data controller? (The OIC says probably not but
'Lindquist' is going on in the back of my mind)
2. Does the DPA, jurisdictionally speaking, have any say at all? (For
info: I believe MySpace is subject to the laws of California)
Yes, there is potential remedy through MySpace in respect of a breach of
their own terms and conditions, but it's the DPA angle/take that I'm
interested to discover - if there is one.
Thanks,
Gerry
Newcastle University
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