Yes and the TV Licensing Authority is the body which is appointed to
enforce that legislation. Information Commissioner - Data Protection
legislation...........
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lee Gardiner
Sent: 11 January 2008 15:01
To: [log in to unmask]
Subject: Re: Buying a TV - who is the data contoller
But just to throw a spanner into that particular work s29 does give the
data controller a choice as it 'allows' rather than compels disclosure..
It would be the TV licensing legislation that provides the compulsion.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Fri 11 January 2008 14:59
To: [log in to unmask]
Subject: Re: [data-protection] Buying a TV - who is the data contoller
Surely it is Section 29 - they have no choice - legal requirement by TVL
people and it is a criminal offence not to have one - BB is out to get
you!!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 11 January 2008 14:42
To: [log in to unmask]
Subject: Re: Buying a TV - who is the data contoller
Ultimately the Data Controller has the responsibility for all these
things, but the Data Processor has a specific legal responsibility to
provide adequate security. Part II of Schedule 1 to the Act says (and
they don't exactly make this easy to find):
"Where processing ... is carried out by a data processor ... the data
controller is not to be regarded as complying with the seventh principle
[security] unless ... the processing is carried out under a contract ...
and the contract requires the data processor to comply with ... the
seventh principle."
It would be interesting to see a copy of the contract between TV
licensing and each electrical retailer in the country. On the
assumption that such a thing doesn't exist, if I pay cash for a TV and
the shop demands my address (because the law says they must), they must
be a Data Controller in their own right and they would have to be able
to show that their actions complied with all eight principles, not just
security. I think I can see how they would comply with Principle 1
(Schedule 2, third condition - legal
obligation) and Principle 2 (as long as they specify the purpose), but
if they collect false information they are not complying with Principle
4. In that case, someone who ended up being fined or hassled wrongly
could claim damages against the shop. (Principle 4 says that personal
data 'shall' be accurate, full stop. Not 'as accurate as you can make
it'.)
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: "Roland Perry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, January 11, 2008 11:32 AM
Subject: Re: Buying a TV - who is the data contoller
> In message
>
<[log in to unmask]>
,
> at 11:05:29 on Fri, 11 Jan 2008, Lee Gardiner
<[log in to unmask]>
> writes
>>Surely the shop would be classed as a Data Processor on behalf of the
TV
>>Licensing Authority who they are collecting the data for?
>
> If that's the case, which has the greater responsibility for ensuring
> accuracy, correcting mistakes and keeping it safe? After all, we don't
> want the shop posting the data on a couple of unencrypted CDs, do we
:)
>
> And what if identical data also appears in the shop's own database as
a
> record of the sale (rather than being sent to TVL somehow without
touching
> the sides)?
>
> I don't particularly want to point a finger at any particular
electrical
> shed, but I'm sue we've all shopped at ones which insist they *must*
have
> a name and address before they can sell us anything, let alone a TV.
> --
> Roland Perry
>
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