The DPA does not cover works of fiction or a transcription (or interpretation thereof) of public information such as a radio interview. As
Veerle notes, it covers personal data assumed to factual about living persons in a structured system which requires notification to the IC as a data controller. Legislation around defamation would more likely apply (as how would anyone know the information
existed, until published as fiction).
The DPA is democratic but circumstance, interpretation, case law and precedent apply and one might expect publication of one’s salary details
if running a bank than working in a cafe.
Dr Victoria Moody
Research Impact Coordinator
| Research and Innovation
Faraday House, University of Salford, Salford M5 4WT
t:
+44 (0) 161 295 7236
[log in to unmask]
|
www.salford.ac.uk
http://www.salford.ac.uk/research/impact
From:
Research Data Management discussion list [mailto:[log in to unmask]]
On Behalf Of Van Den Eynden, Veerle
Sent: 13 February 2013 11:02
To: [log in to unmask]
Subject: Re: Conundrum about personal data management
"Personal data" as defined under the Data Protection Act are indeed excluded from FoI requests.
Under the Data Protection Act, however, an individual has the right to request whether personal data is being held about him/her and to be
given a description about this personal data and why it is being held (this does NOT mean being given the entire information being held). This is for personal data held by a 'data controller'. Not sure whether such researcher would in this case be defined
as a 'data controller'.
There also exists an exception to this for 'unstructured personal data being held, in section 9A of DPA.
Veerle
VEERLE
VAN DEN EYNDEN
MANAGER, RESEARCH DATA MANAGEMENT SUPPORT SERVICES
UK
DATA ARCHIVE
UNIVERSITY OF ESSEX
WIVENHOE PARK
COLCHESTER
ESSEX, CO4 3SQ
T +44(0)1206 872234; 07768432422
E
[log in to unmask]">[log in to unmask]
_______________________________________________________
ENSURING CONTINUOUS ACCESS TO HIGH QUALITY RESEARCH DATA
..........................................................................................................................................................................
Legal Disclaimer: Any views expressed by the sender of this message are not necessarily those of the UK Data Archive or the ESRC.
This email and any files transmitted with it are confidential and intended solely for the use of the individual(s) or entity to whom
they are addressed.
..........................................................................................................................................................................
From:
Research Data Management discussion list [mailto:[log in to unmask]]
On Behalf Of David Zeitlyn
Sent: 13 February 2013 10:16
To: [log in to unmask]
Subject: Conundrum about personal data management
I am sure that members of this list will have already thought about the issues outlined below, I’d be grateful for clarification of what the legal and policy position is/should be.
Suppose I work on contemporary fiction and have specialised on the work of a famous living author. So a) my research notes contain material concerning a living individual without any form of
informed consent having been given.
Suppose I hear a radio interview with this author and take notes, and transcribe some of the things I think he/she has said (I may make mistakes in this).
I then publish something inflammatory about the author (who I have never met).
On the face of it they can put in a FoI request for my research notes about them. Are there Data Protection exemptions about the public activities of public figures?
NB I had thought about writing this scenario about a fictional author I was going to call “Martin Amis”, but in the end decided not to (thought better of it). Do I now have data on any of the
many living Martin Amis’s? As I understand it I/ the FoI officer must make a judgement that the occurrence of “Martin Amis” on this page does not refer to the requester so need not be delivered.
best wishes
davidz