There are technologies and systems available that would allow for individuals
with a legal and valid interest in the information to obtain those details
under the current laws and in line with DPA requirements. There is also the
facility to ensure that the data subject is made aware of the identity of any
enquirer so that the "legal and valid interest" can be checked. Not everybody is
likely to want to buy my house. In making these details public there is a
likelihood that the law will be challenged under the Human Rights Act, the DPA
and proportionality rules. It is also likely that someone somewhere will
assume that a Schedule 4 exemption applies allowing them to put the details on a
web site.
What Vincenzo seems to miss though is that the majority of "rich and famous"
would not need to invoke the "prejudice" rule because most of them buy through
agents and remain anonymous anyway.
The question "Sometimes, doesn't society's needs trump individual desires in
this respect?" was also asked during the Robertson case in respect of the
Electoral Register.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
----------
Original message:
In a message dated 18/09/03 22:02:05 GMT Daylight Time, [log in to unmask]
wrote:
> But how will a bank to which the borrower applies for another loan confirm
> the accuracy of their disclosures of other indebtedness? How could the tax
> office confirm, if need be, the proper owner of a parcel of property? How could
> an heir prove ownership in the case of sudden demise of the owners? Land
> ownership and mortgage registries were established to provide a secure,
> accurate, publicly available source of information which is important to society.
> That is the sort of thing this information is pulicly filed for. Sometimes,
> doesn't society's needs trump individual desires in this respect?
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