Ian
If the subject is dead and the "action" period is between dead and confirmed dead, DPA does not apply to dead so I would not have thought so, just my opinion.
Many thanks
Trish
Trish-louise Bailey
Audit & Assurance (Information Governance)
(IG covers: Data Protection & Privacy, FOI, Information Security, Information Sharing & Confidentiality, Information & Records Management, Information Quality & Assurance)
Telford & Wrekin Council
Civic Offices
Coach Central
Telford
TF3 4HD
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 06 July 2011 09:53
To: [log in to unmask]
Subject: Hacking - application of the DPA
Thinking about the apparently everyday and certainly scandalous actions
coming to light creates what appears as a useful paradox to consider.
If the DPA does not apply to the deceased, what happens in those cases
where a data subject is not known to be dead… does the DPA apply to a
data subjects personal data until some acceptable level of confirmation
of death is received?
Is any non-compliance with the DPA between when
a data subject actually dies, and is confirmed to have died actionable
under the DPA, or is any non-compliance, during that period of time not
an actionable breach under the DPA but only indicative of non-complaint
common processes across all the organizational areas having any
responsibility for the data subjects data and hence actionable anyway.
Ian W
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