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Does YouTube have any base in the EU, or is it a totally US-based website? I don't know for sure, but I think it's an American site, so it wouldn't really matter if the material on there breached the Data Protection Act. Even apparently European-based versions of US web companies have complicated arrangements (eBay is based in Switzerland, for example), but I suspect that YouTube is outside the DPA's jurisdiction altogether.
 
That doesn't prevent them from responding to pressure to remove clips, but it may make the DPA's implications irrelevant for the site's content.
 
Tim Turner
Data Protection / FOI officer
Legal and Property Services
Wigan Council

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: Thu 23 August 2007 15:35
To: [log in to unmask]
Subject: Re: [data-protection] UTube video removed

----- Original Message -----
From: "Roland Perry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, August 23, 2007 3:26 PM
Subject: Re: [data-protection] UTube video removed


> In message
> <[log in to unmask]>,
> at 14:17:28 on Thu, 23 Aug 2007, POUNDER Chris
> <[log in to unmask]> writes
>>The important factor is that the domestic purpose exemption is lost if
>>you post personal data on the Internet.
>>
>>This is a result of the Lindqvist case which is binding on the UK. It
>>means that the S.36 exemption has to be interpreted in the light of
>>Lindqvist
>
> Although I agree on the point of law, this would seem to have huge
> consequences for a wide range of videos on YouTube. Those showing school
> bullying [to bring in an LEA angle] where it's pretty clear the victim
> doesn't consent.

This is not a considered response - but my immediate reaction is "Good!".

Nick Landau

The Numbers Game
http://www.numbers-game.co.uk

Nick Landau's Profile on LinkedIn.com
http://www.linkedin.com/in/nicklandau1

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