Sub-question to b)
 
The ICO has normally avoided issues like this. What would his position now be after the slapdown he got from Tugendhat J in Kordowski v Law Society? Where, in response to IC's statement that "The inclusion of the "domestic purposes" exemption in the Data Protection Act (s.36) is intended to balance the individual's rights to respect for his/her private life with the freedom of expression. These rights are equally important and I am strongly of the view that it is not the purpose of the DPA to regulate an individual right to freedom of expression" he said
 
"I do not find it possible to reconcile the views on the law expressed in the Commissioner's letter with authoritative statements of the law. The DPA does envisage that the Information Commissioner should consider what it is acceptable for one individual to say about another, because the First Data Protection Principle requires that data should be processed lawfully."
 
He's not commented on this case yet (as far as I know).
 

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 Marchini, Renzo
Sent: Wednesday 25 April 2012 09:43
To: [log in to unmask]
Subject: Re: [data-protection] Small error in the question I set! London Marathon: Runners' details accidentally shared

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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