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There are many problems in those bland statements though, after all the
data has been place in the public domain has it not?
Is personal data which is made available in the public domain then
freely available for other purposes, or do the principles still apply
and enable the original restrictive purpose, even if the data
controller advised the internet publication would take place? Can
advice of public publication absolve a data controller from all
responsibilities for purpose at the point of publication and should the
responsibility remain solely on the shoulders of the data collector to
identify the original purose of data collection when no obvious
statement exists?
Is there any sort of imperative which determines a purposive boundary
prior to the various other restrictions which may apply coming into
play and your response seems to indicate by its llean towards the legal
sphere to try to enforce?
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: Tuesday, November 13, 2007 9:37 PM
To: [log in to unmask]
Subject: Re: [data-protection] {BBC News Item} Planning Dept Personal
Details disclosure could lead to ID theft?
Transparency in public procedures probably requires the publication
of
details - both of those making planning applications and those
objecting -
provided they are made aware of the publication when they submit the
application or objection.
However, those harvesting the details to use for unsolicited marketing
are
clearly using them for a purpose incompatible with the original
purpose, are
therefore in breach of Principle 2, probably Principle 1, and
possibly
Principle 6, and should therefore have the book thrown at them,
however
feebly, by the ICO (plus a possible claim for damages from the
individual
concerned).
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: "Robert (Bob) Waixel" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, November 13, 2007 8:56 PM
Subject: {BBC News Item} Planning Dept Personal Details disclosure
could
lead to ID theft?
BBC NEWS
ID theft fear over planning form
A Brighton man fears becoming a victim of identity theft because his
details have been published on the internet by the city council.
Bruce Drew's details were on a planning application which was put on
the
web without any information being removed.
A council spokesman said similar details appeared "on every planning
authority's website in the country".
He said the council was checking to confirm its belief that data
protection guidelines were not being breached.
Mr Drew, whose listed building application was for a new kitchen, said
he found the form online - including his telephone number and
signature
- two years after it had been submitted.
Such details have been available for decades in paper form
Brighton council statement
He said: "We all spend an awful lot of time trying to make sure we
don't
have this information available in all kinds of other places.
"For an organisation like the council to publish this information, I
was
very disappointed."
He said he had received unsolicited approaches for business from
builders, architects and window firms.
"It's obvious now where the information has been available from," he
said.
And he added: "What concerns me more is what I don't know about at the
moment and may find out about in the future - that they've been able
to
gain information and use it in other kinds of ways."
A statement issued by Brighton and Hove City Council said: "We need to
be clear that such details on online planning registers are not
peculiar
to Brighton and Hove.
"Similar details will appear on every planning authority's website in
the country, as most planning application forms are similar.
"Such details have been available for decades in paper form for anyone
visiting any council planning departments and this remains the case."
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/england/sussex/7093568.
stm
Published: 2007/11/13 20:19:02 GMT
© BBC MMVII
Source: http://news.bbc.co.uk/2/hi/uk_news/england/sussex/7093568.stm
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