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DATA-PROTECTION  February 2011

DATA-PROTECTION February 2011

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Subject:

Re: A 21st century definition of privacy.

From:

Ian Welton <[log in to unmask]>

Reply-To:

Ian Welton <[log in to unmask]>

Date:

Sun, 6 Feb 2011 11:10:53 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (195 lines)

Interestingly I was not intimating that surveillance or secret 
surveillance was connected to determining how ones personal data may be 
used. Clearly, ordinarily, a DP purpose attempts to provide the 
determination you speak of, but fails as often as individuals 
themselves do to be able to apply a level of confidentiality to 
personal data they may share with others.

Plainly one could apply very 
similar interpretive arguments to the word surveillance and in that 
same vein it is equally possible to argue that personal 
data/information cannot affect privacy once it has been shared with 
others. Those and other possible interpretive issues however do not 
dilute the basic message being communicated by the definition as a 
whole; In some spheres ordinary surveillance is now perceived as not 
intruding on privacy and that restrictions are the driving force behind 
individual privacy when applied to personal data, which appears a very 
simplistic understanding of privacy. On each reading of the definition 
the question has occurred to me “is this a joke”.

Your analogies of 
peeping tom and person viewing personal data are quite apt in many 
senses, as the legal sphere attempts to restrict normal inquisitiveness 
about personal data in many of the principles, the definitions, 
interpretations, guidance, and offences as a way of implementing 
respect, and in that way contributes to that definition and the 
allegations that DP suppresses innovation. A pedantic observation which 
could be intimated from this is ‘respect is dying’.

However these 
definitional diversions do only serve to dilute the issue being raised, 
which is a definition from in the wild indicating an environmental 
impact separately made by the progress of surveillance and data 
protection revealing at the least a chasm in the educational 
environment which appears to be being widened rather than narrowed by 
current processes. 

Ian W




-----Original Message-----
From: This 
list is for those interested in Data Protection issues [mailto:data-
[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 05 
February 2011 20:22
To: [log in to unmask]
Subject: Re: 
[data-protection] A 21st century definition of privacy.


Ian

I do not 
think I would agree with your analysis of the definition. I would read 
the first 'and' in a disjuntive way. i.e.  Determing whether, when, 
how, and to whom, one's personal or organizational information is to be 
revealed, is entirly separate from secret (or any) surveillance.

The 
two parts are needed. The second is not enough on its own as it would 
not cover the 'peeping tom', personal or official, who never revealed 
anything .

-----Original Message-----
From: This list is for those 
interested in Data Protection issues [mailto:[log in to unmask]
AC.UK] On Behalf Of Ian Welton
Sent: 05 February 2011 19:28
To: data-
[log in to unmask]
Subject: [data-protection] A 21st century 
definition of privacy.

privacy
 
Definition

In general, the right to 
be free from secret surveillance ....

http://www.businessdictionary.com/definition/privacy.htmlThe word

'general' is further refined to mean - applies to everybody.

The item

has existed like this for some time and from the complete entry one is 
drawn towards considering the definition being legally determined as a 
result of the public surveillance environment and restrictive data 
protection regulations rather than any wish to respect peoples 
privacy. 
And it is a view which in many spheres today could not be 
said to be lacking or incorrectly interpreted.

For anybody unable to 
access the
web the whole text, less the further definition links, is 
reproduced below.


'In general, the right to be free from secret 
surveillance and to determine whether, when, how, and to whom, one's 
personal or organizational information is to be revealed. In specific, 
privacy may be divided into four categories (1) Physical: restriction 
on others to experience a person or situation through one or more of 
the human senses; (2) Informational: restriction on searching for or 
revealing facts that are unknown or unknowable to others; (3) 
Decisional: 
restriction on interfering in decisions that are exclusive 
to an entity;
(4) Dispositional: restriction on attempts to know an 
individual's state of mind.'


Ian W


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