Jonathan
Baines
Legal and Democratic
Services
Buckinghamshire
County Council
01296
383681
But
the other question is so much more interesting (a third party website)
……
SPOILER
ALERT (for those who want to do some exam practice)
(a)
Yes. Irrelevant where the equipment (ie server in US) is for the purpose
of section 3. Individual determines purpose (whatever that is by posting) and
means of processing – section 1(1) def - and is resident in the UK – section
3(a)
(b)
No. Lindqvist case says you lose domestic purpose when you make it publicly
available on internet
(c)
It could only be para 6 and I can’t really see how the first part is made out
(but we can’t know that for certain since strictly I suppose it depends on why
the person did it – what was the website all about?). But in any case, must be
unwarranted in terms of the rights of the data subjects. So I go for
“no”.
Renzo
Marchini
Counsel
Dechert
LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com
From: This list is for
those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of chris
pounder
Sent: 25 April 2012 09:09
To:
[log in to unmask]
Subject: [data-protection] Small error
in the question I set! London Marathon: Runners' details accidentally
shared
Suppose
someone in the UK has copied the London
Marathon
list
and posted it on HIS web-site in
the USA
(a)
would the person who posted it be a data controller under the UK Act? If not,
why not
(b)
could he be able to claim the S.36 exemption and if not, why
not?
(c)
has the person posting the details (if data controller) a Schedule 2 grounds for
the processing
Question
that those taking the ISEB exam should be able to answer as way as practice
(good luck by the way).
C
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