The Act doesn't say "lawful domestic purpose", because Section 36 exempts
domestic purposes from the first principle, thereby exempting them from the
requirement to be lawful. Domestic purposes don't have to be lawful, fair,
accurate, adequate... take your pick, because they are all outside the
legislation. It doesn't jump back in because it's unlawful, or any other
thing that would be a problem if the purpose was covered. Because.... if
it's domestic, it's not covered.
And why would anyone want to be, given that if it's criminal, it's criminal
because of another law which would step in, and if it's not criminal, why
should anyone care?
Regards
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 Roland Perry
Sent: Wed 16 January 2008 10:51
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
In message <[log in to unmask]>,
at 10:23:29 on Wed, 16 Jan 2008, Chris Brogan <[log in to unmask]>
writes
> I have discussed it with a couple of Barristers, non data protection,
>and they were both of the opinion that a court is unlikely to extend
>the meaning of Domestic Purpose to include an infringement of the law.
So what does an unlawful 'domestic purpose' become? A non-domestic purpose,
perhaps. Does the DPA have an exemption from "*lawful* domestic purposes",
or just "[any] domestic purpose"? Or is that taken for granted in any such
drafting?
What's the remedy for someone conducting an unlawful domestic purpose; ie
what penalty is there under DPA? Failure to notify as a non-domestic entity,
or contravention of one of the principles? In each case, does the IC have
any real teeth to stop future infringements *under DPA*.
[I'm ignoring here any separate remedy caused by the unlawfulness itself,
under whatever law prohibits it - say the Sexual Offences Act provisions
against voyeurs, s67].
--
Roland Perry
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