Somewhat unhelpfully, ICO usually ignores the domestic purposes element of
Lindqvist, but quotes the decision when looking at international transfers,
so it’s probably safe to ignore what they say on this issue and make your
own mind up (admittedly, this is my standard advice).
GDPR recitals state that purely personal online activity and social
networking can still be covered by domestic purposes.
--
Tim Turner
On 21 December 2016 at 12:59:52, Rowenna Fielding ([log in to unmask])
wrote:
My understanding is that the ICO's view is at odds with the Lindqvist
judgement, so if it's the enforcement risk you're concerned about then
follow their line and apply "domestic purposes" to all the individual's
processing but if it's litigation that worries you, best stick to the
Lindqvist approach and consider Internet publishing to be outside "domestic
purposes".
That approach won't hold up after GDPR though, as the ICO will have to stay
in line with the other SAs for consistency.
Regards
NADPO Digital Officer
@NADPONews
www.nadpo.co.uk
On 21 Dec 2016, 12:48 +0000, Andrew Goodfellow-Swaap <
[log in to unmask]>, wrote:
Hi Victoria, what caught my eye, from Lindqvist, was this,
"That [domestic purpose] exception must therefore be interpreted as
relating only to activities which are carried out in the course of private
or family life of individuals, which is clearly not the case with the
processing of personal data consisting in publication on the internet so
that those data are made accessible to an indefinite number of people."
That would seem to suggest that that Facebook publishing would almost
certainly fall outside 'domestic purposes'.
As for this situation, the purpose of the processing is to attempt to make
the Council change its position on an issue. Is that a domestic purpose?
Yes, it's being done for the citizen's own benefit but it's being done by
sharing information with a public body.
Thanks,
Andrew
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