Subject: Re: [data-protection] definitions from the leaked Regulation to replace Directive 95/46/EC

The dead do have some rights - especially when it comes to continuance of respect for their living wishes - many of the laws of inheritance are based on this. And various jurisdictions have considered allowing defamation claims on behalf of the dead. The most recent is Scotland (http://www.scotland.gov.uk/Resource/Doc/337251/0110660.pdf) - it'll be interesting to see whether anything comes from this - I suspect it is just too problematic.

There's also a concept of a "dignity theory" - discussed in an interesting article at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=924499

Anyway, I digress...

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of chris pounder
Sent: Friday 23 December 2011 20:30
To: [log in to unmask]
Subject: [data-protection] definitions from the leaked Regulation to replace Directive 95/46/EC

Was waiting for the final (non-leaked) Regulation on Data Protection day – but given the discussion – here is my take on it

'data subject' means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;

Comment: Natural person has to be living human being – see link to Article 3 of leaked Regulation which refers to the rights of the natural person in a human rights sense. Also dead individuals having “rights” would be an unusual concept.

'personal data' means any information relating to a data subject;

Comment: note that there is no “Durant” nonsense here – manual personal data are fully included. Note also there is no definition of “data subject” as being the “subject” of personal data – one of the key elements that got the Durant judges to their decision

As I said at the end of my blog, I am waiting until I see the published draft; many a kite has been tested by leaking (http://amberhawk.typepad.com/amberhawk/2011/12/draft-data-protection-regulation-leaked-doubtful-whether-it-will-get-enacted-in-this-form.html)

Happy Xmas to those reading this far!

Happy New Year for those reading it later!

Chris

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