I received your post but my question is about the history of the 1984 DPA.
My enquiry was regarding the impetus for bringing in a 1984 DPA and I felt
the statement on the webpage must be wrong.
As has been (I think) confirmed, the DPA still wouldn't make any difference
to people receiving material addressed to deceased relatives.-
But my concern was with the _historical_ reasons for the Act - and I am
sorry for repeating myself the reason given by the writer of the webpage
doesn't seem correct.
Nick Landau
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, March 06, 2007 2:44 PM
Subject: Re: [data-protection] Deceased Records Access - Was Silent Calls
I just thought the advice I was given about deceased persons would be
very useful for colleagues in the public sector as we appear to be
getting a few of these requests.
Sorry if it wasn't very useful to you Nick.
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 06 March 2007 14:36
To: [log in to unmask]
Subject: Re: Deceased Records Access - Was Silent Calls
My comment was about the supposed impetus for the 1984 Data Protection
Act.
I meant that the position of the deceased was cloudy (rather than the
1998 DPA is cloudy) which is emphasised by Simon's comment that "however
it _may_ well be that in many cases other legislation may cover this
access".
His comments confirm the very point I was making that it seems strange
for
http://complianceandprivacy.com/News-Ofcom-silent-calls.asp
to claim that:
"The original Data Protection Act of 1984 was largely created to address
the frustrations of people faced with mountains of direct mail addressed
to a deceased loved one."
http://www.agocg.ac.uk/reports/mmedia/legal/dataprot.htm confirms that
the position in this regard was the same in the 1984 Act.
" A brief overview of the Data Protection Act 1984
What is personal data ?
The (1984 Data Protection) Act then proceeds to define personal data as
being data which consists of information which relates to a living
individual (the data subject (106) ), who can be identified from that
information by itself, or when it is coupled with other information held
by the person holding that data(107) (the data user(108) ). Such data
would include any expression of opinion about the individual. __This
definition clearly excludes both individuals who are deceased__, and
legal entities such as companies, universities and charities."
I was therefore asking if someone could throw any light on the statement
on
http://complianceandprivacy.com/News-Ofcom-silent-calls.asp
Maybe Chris Pounder can throw some light on the matter as he was my DPA
supremo when I was working at the GLC at the time.
Nick Landau
----- Original Message -----
From: "Simon Howarth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, March 06, 2007 2:13 PM
Subject: [data-protection] Deceased Records Access - Was Silent Calls
> Changed the title here, as this is digressing from silent calls....
>
> I find the text on the Mersey Gateway site interesting.
>
> Deceased records are not covered by the DPA (I don't find this
position at
> all cloudy), however it may well be that in many cases other
legislation
> may
> cover this access (Access to Health Records Act for example).
>
> I am potentially concerned about the statement made on this site,
> regarding
> access to deceased records, as it gives the impression that deceased
> records
> may be accessible on signing a form. I would like to see reference
made to
> other "rules" that may govern access to deceased information. For
example,
> just because someone is dead does not mean that the duty of
> confidentiality
> ends on the management of health records.
>
> I think there is room for improvement there to highlight to people
that
> whilst the DPA may not be relevant, there may be other legislation
that
> is.
>
> Simon Howarth.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Landau
> Sent: 06 March 2007 13:19
> To: [log in to unmask]
> Subject: Re: [data-protection] Silent Calls
>
> By the way the link in the below
> http://complianceandprivacy.com/News-Ofcom-silent-calls.asp says:
>
> "The original Data Protection Act of 1984 was largely created to
address
> the
>
> frustrations of people faced with mountains of direct mail addressed
to a
> deceased loved one."
>
> This doesn't make sense given that even today the position of
information
> about the deceased under the Data Protection Act seems to be rather
> cloudy,
> as is evidenced by the occasional postings on the subject to this
group.
>
> Or if it was the spur, it didn't address the problem.
>
> See, for instance,
>
http://www.mersey-gateway.org/server.php?show=ConNarrative.46&chapterId=
230
>
> "Data Protection Act 1998"
>
> "Access to data on the deceased"
>
> "The data subject rights of an individual end with death."
>
> Presumably therefore if there is no right of access, there is equally
> still
> no protection of the use of data about the deceased. I distinguish
with
> attempts that I can imagine that have been made by such companies to
clean
> up their databases so that hurt is not caused etc.
>
> Nick Landau
> ----- Original Message -----
> From: Tim Trent
> To: [log in to unmask]
> Sent: Tuesday, March 06, 2007 12:43 PM
> Subject: [data-protection] Silent Calls
>
>
> Not sure if anyone is following this. It's all about predictive
diallers
> and there being no agent present when the call is answered. This is
now
> unlawful.
>
> And good PR is being made out of it:
>
> http://complianceandprivacy.com/News-AMCAT-dumps-silent-calls.asp
>
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> Personal blog: http://timtrent.blogspot.com/
> See also http://complianceandprivacy.com
> email: [log in to unmask]
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