You might be interested in the following para. that I managed to scrape into
my magazine
TEXT BEGINS
Schedule 6 of the FOI Bill (published last Friday) introduce two changes to
the Data Protection Act 1998.
Firstly, there is a new wider ranging exemption with respect of functions of
Parliament (e.g. an exemption from First to Fifth Principles, if it is
necessary to process personal data in order to avoid "an infringement of the
privileges of either House of Parliament").
The second one is of far more importance as it relates to the Register
Entries, made by a Data User, under the 1984 Act and when such Entries lapse
(i.e. when the Data Controller needs to notify under the registration regime
established by the 1998 Act). Schedule 6, paragraph 6 ("Extension of
transitional exemption for registration") states "In Schedule 14 to that Act
(transitional provisions), in paragraph 2(1) (which confers transitional
exemption from the prohibition on processing without registration on those
registered under the Data Protection Act 1984) the words 'or, if earlier,
24th October 2001' are omitted.
Translating the effect of this provision into practical terms: if a Data
User renews registration under the DPA 1984, then they only have to renew
under the new 1998 registration regime when that Register Entry expires (and
not on or before 24th October 2001). Thus, if a Data User has more than one
registration, renewal under the 1998 Act is only needed before the last
Entry expires; this could, for instance be any date in 2002. In summary, the
small change gives Data Users another year (at least) before notification
under the 1998 Act becomes a necessity. It also means that the Data
Protection Commissioner will not be smothered with registration applications
from Data Controllers on or about the 24th October 2001.
TEXT ENDS
Chris P
Editor of Data Protection and Privacy Practice
******************** E-mail confidentiality notice ********************
This e-mail (including attachments) is confidential and may be covered by
legal professional privilege. If you are not the intended recipient you are
prohibited from printing, copying or distributing it.
If you have received this e-mail in error, please notify us immediately
by telephone or by e-mail to [log in to unmask] and delete this e-mail from
your system. Thank you.
It is possible for data conveyed by e-mail to be deliberately or
accidentally intercepted or corrupted. For this reason, in communicating
solely by e-mail, Masons is unable to accept any responsibility for any
breaches of confidence which may arise through use of this medium.
Masons will not accept liability for contractual commitments made by
individuals employed by the firm outside the scope of our business,
being the supply of legal services.
Any enquiries or comments on the text of this notice should be passed to
Clive Seddon, Partner, Information & Technology Group.
Masons, Solicitors
Address: 30 Aylesbury St, London EC1R OER
Telephone: +44 (0) 171 490 4000
Fax: +44 (0) 171 490 2545
***********************************************************************
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
