I'm in the "yes" camp. The Directive derives in part, from the Universal
Declaration of Human Rights, through the European Convention on the
Protection of Human Rights and Fundamental Freedoms. These are encompassed
in the recent European Charter of Fundamental Rights which "affirms the
universal nature of rights, in so far as those in the Charter are, for the
most part,accorded to everyone regardless of nationality or place of
residence". The charter views the Protection of Personal Data as a
fundamental right (Article 8).

The Directive doesn't impose any constraints in relation to data subjects
and in its 2nd paragraph says "..data-processing systems are designed to
serve man;...they must, whatever the nationality or residence of natural
persons, respect their fundamental rights and freedoms, notably the right
to privacy...".

Para. 5 of part 1 of the Act sets out its application. This is defined in
relation to the status of the Data Controller. In its silence about any
constraints in relation to nationality or residence of data subjects, I
think you have to conclude that there are no such constraints intended.

The Information Commissioner's Legal Guidance states

"A data subject need not be a United Kingdom national or resident. Provided that the data controller is subject to the Act, rights with regard to
personal data are
available to every data subject, whatever his nationality or residence."

Jo asked, if this is right, what could someone outside the EEA do about a
breach. I'm not a lawyer, but I assume the answer is the same as for
anyone in the UK i.e. ask the Commissioner to make an assessment and/or
take the data controller to a UK court, where such a remedy is available.

Chris





davidwyatt <[log in to unmask]>@JISCMAIL.AC.UK> on 30/11/2004
09:03:54

Please respond to davidwyatt <[log in to unmask]>

Sent by: This list is for those interested in Data Protection issues
       <[log in to unmask]>


To: [log in to unmask]

Subject: Re: [data-protection] FW: [data-protection] Non Uk Citizens
       access rights


I thought Yes but lets not be too quick to judge here that No is incorrect.
I agree the answer is not in the Act

We know the UK Act does not faithfully reproduce the requirements of the EC
directive and we also know that if the Act has failings then the EC
directive can be applied. Whats to say there is not something about EU
citizen rights only in the legislative hierarchy which drove the directive.
What is needed is clear organised research to answer this. .

What appears clear is that most DPA officers would entertain the request
whether the rights are there or not.

David Wyatt

----- Original Message -----
From: "Graham Hadfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 29, 2004 3:54 PM
Subject: Re: [data-protection] FW: [data-protection] Non Uk Citizens access
rights


> >NO - only EU citizens (not sure about the status of accession states).
>
> The act defines a "data subject" as "an individual who is the subject of
> personal data" - doesn't say anything about nationality. Therefore, the
> answer to the original question must be Yes.
>
> Graham
>
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