Further to the other responses, the s.32 special purposes exemption only
applies where "the Data Controller reasonably believes that [because freedom
of expression is a good thing] publication would be in the public interest"
and "compliance [with the Principles, etc.] is incompatible with the special
purposes". So you can only ignore the Principles if you have a jolly good
reason, based on freedom of expression. That's not a blanket exemption even
for "real" journalism, let alone PR departments.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Tim Turner" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, March 10, 2004 12:04 PM
Subject: Special Purposes exemption
> Following a discussion with a colleague about DP exemptions, I wonder if
> anyone has ever considered the use of Section 32 of the DPA, the Special
> Purposes exemption. Specifically, does anyone have a definition of
> journalism for the purposes of the exemption? I'm wondering whether some
of
> the work done by local authority public relations departments could be
> counted as journalism.
>
> Obviously, PR departments have to work with enormous sensitivity, because
> their function is to provide information about their organisation which
> presents that organisation in a good light. No PR department would ever
want
> to abuse people's rights, because that would be entirely
counterproductive.
> On the other hand, it might sometimes be useful to know that they can use
> information more freely than might be the case at the moment. I'm
interested
> in this because I doubt PR people would get into the territory of damaging
> people's interests (which would be, as I say, entirely counterproductive),
> and the exemption may have useful applications. I'm agnostic about this -
I
> don't know whether they would count as journalists or not, but wondered if
> anyone else had some ideas?
>
> Tim Turner
> Data Protection Officer
> Wigan Council
>
>
> **********************************************************************
> This email and any files transmitted with it are confidential and
> intended solely for the use of the individual or entity to whom they
> are addressed. If you have received this email in error please notify
> the system manager.
>
> This footnote also confirms that this email message has been swept by
> MIMEsweeper for the presence of computer viruses using Sophos
> anti-virus software.
>
> www.mimesweeper.com
> www.sophos.com
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|