Roland Perry on Thursday, February 12, 2004 at 9:42 PM said:-
> Copyright's mainly a civil infringement, not a crime. So you
> aren't substituting for the work the police were set up to do.
According to FAST advice it is also a criminal offence, but the police
generally choose not to pursue it. Trading standards often investigate and
prosecute in the serious cases. Some choice exists for the authorities.
> Very few of the sites are likely to be within DPA
> jurisdiction. And even if they were, do criminals often
> respond to SARs from the general public?
That could be interpreted as accepting the any DP regulatory organisation
within the EEA would effectively have no jurisdiction over the processing of
any personal data on pornographic sites. The variation in national cultures
make what is considered pornography in the UK legal in other jurisdictions.
Could that result in affected data subjects in the UK receiving less
protection from DP than other EEA counterparts where pornography, illegal in
this country, was legal?
> The police have certain rights........
> One of these rights is to be in possession of otherwise
> illegal material like drugs  and Child Porn, as long as
> it's part of an investigation.
Their DP notifications cover such matters where personal data is involved,
making the relevant principles and rights apply in those circumstances.
Taking this directly back to the original e-mail subject - Internet History
- DP seems to provide individuals with certain rights and choices in
allowing them to manage their personal data. Managing personal data can also
be seen to form part of managing identity.
If organisations/individuals allow others to determine how their Internet
History is managed/available, are they not allowing those others to
effectively define their identity? Does the DPA not provide sufficient
rights for individuals to manage identity if they so choose?
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