Chris exaggerates slightly about the effect of Durant. Some manual records
are still personal data. Access to data which was added to a manual record
after October 1998 has been available since the Act came into force in March
2000. The straight answer to Josh's question is, therefore, that the data
he asks about is not affected by the end of transitional arrangements, since
it is already available for access.
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: "POUNDER Chris" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, May 08, 2007 10:18 AM
Subject: Re: Manual data and 24 October 2007
See
October rule change won't be a data protection crisis, says expert
OUT-LAW News, 26/04/2007
A data protection 'crisis' predicted by some experts has been overblown,
and the law change behind it will affect only a very few organisations,
according to a leading data protection expert.
http://www.out-law.com/default.aspx?page=7998
Basically, the Durant decision chucked out Relevant Filing Systems as
being data and Transitional Relief only applies to manual files in
category (C) and (d) of "data".
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Joshua McKim
Sent: 08 May 2007 10:12
To: [log in to unmask]
Subject: [data-protection] Manual data and 24 October 2007
Can anyone provide an interpretation of what happens to data processors
and SARs after the second transitional period ends on 23 October 2007?
It would seem that manual data held in systems before 24 October 1998
will come into scope of the Act? If this is so, what about personal data
held and processed in manual systems between 24 October 1998 and 23
October 2007?
Thank you in advance.
Josh
Joshua McKim
Information Compliance Manager
>The Law Society
>113 Chancery Lane
>London WC2A 1PL
>Tel 020 7320 5662 (int. 4117)
Fax 020 7320 5685
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 04 May 2007 09:40
To: [log in to unmask]
Subject: Re: Hospital Scenario
All that way ago in this thread I think I was the one who first
suggested a written policy. The rationale was simple. It was not to
enforce a new system on the staff, but to document the existing
(working) system and thus to be used as a formal defence if a complaint
ever got out of hand.
The UKIC has often said when asked that having a process, even if that
is sometimes not followed, is a good defence against a complaint. It
also means that he can, if necessary, suggest changes to a process,
knowing that it is documented.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 04 May 2007 08:35
To: [log in to unmask]
Subject: Re: [data-protection] Hospital Scenario
I don't see how the introduction of codes would make the ordinary
patient happier; it just adds a layer of bureaucracy which will only
benefit a very small number of people. Introducing a code system to
protect the specific interests of people like the lady in this example
would slow the process down for everybody else. Making access to health
more automated and impersonal i.e. "I'm not even going to tell me which
department you're calling until you give me your barcode number" is
hardly going to make people happy.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Thu 03 May 2007 13:28
To: [log in to unmask]
Subject: Re: [data-protection] Hospital Scenario
I agree with you. I was simply suggesting that one can go a decent way
along that road if one chooses, and thus make ordinary patients happier.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 03 May 2007 13:17
To: [log in to unmask]
Subject: Re: [data-protection] Hospital Scenario
My point being that you can't mitigate against the curious other party
using other lines of enquiry to identify the phone number. Mere supply
of the phone number is disclosure of the purpose IMO. You can be
discrete, but not absolutely.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 02 May 2007 16:14
To: [log in to unmask]
Subject: Re: [data-protection] Hospital Scenario
If that number is not in the hospital sequence and is not listed I think
your argument would fall down
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 02 May 2007 16:11
To: [log in to unmask]
Subject: Re: [data-protection] Hospital Scenario
Out of your hands IMO. Searching the internet for the phone number
would have the same effect.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 02 May 2007 15:36
To: [log in to unmask]
Subject: Re: [data-protection] Hospital Scenario
Where the department might be controversial it would also be an idea,
but not mandatory, for a unique number to be given out in this set of
circumstances where the phone is answered "hello" and then you wait to
hear who is wanted, and answer "suitably"
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