Even giving the ICO a sufficiently large legal contingency budget to
take on all data controllers whose processing is questionable whenever
necessary would not resolve the difficulties with the media but
would/will undoubtedly chill the atmosphere as has been alleged in many
other spheres. (Most often when private questionable practices existed)
Privacy issues are important to people; Social issues are important to
society. Determining at what point an individual becomes engaged with
society is not a job that a single organisation could/should/would be
able to appropriately deal with, although many are trying.
Having made
the ICO responsible for regulating information management, as well as
data protection, across large parts of society there could well be some
danger than function creep would cause what is/was a fine focus on
personal data to become diluted in a reaction against the media. The
ICO may need additional means (or some other mechanism) to take on
large media companies when they transgress, but any promotion of the
ICO as a media regulator would, in my opinion be seriously dangerous
for society. That does not to say such ideas should not be researched.
N.B.
This seems relevant somehow:-
I read a terms of service the other
day which related to the on-line provision of information made publicly
available; It took three quick readings before I was able to comprehend
that the limitations on use by the individual of the information viewed
was not restricted to that individuals own thought processes, but only
restricted the circulation of information in the form of hard copies of
the information.
I have not yet revisited the site to reconsider if
confusion within my own thought processes caused a thread to occur
limiting the use of data in that way or if it was wholly a projection
of the editing processes behind the terms of service. The site was an
extension of the British Library at www.britishnewspaperarchive.co.uk
As a minimum it gave me food for thought as it highlighted the
differences between personal data processing and information processing
and just how easily those things can become confused.
Ian W
-----
Original Message-----
From: This list is for those interested in Data
Protection issues [mailto:[log in to unmask]] On Behalf Of
CHARLES OPPENHEIM
Sent: 06 December 2011 07:42
To: data-
[log in to unmask]
Subject: Re: [data-protection] A modest
defence of regulators: the case of the Information Commissioner's
Office (ICO)
I think this is a fair analysis of what no doubt took
place. What is depressing about it is that it implies the ICO cannot,
and will not be able in the forseeable future, "take on" large media
companies.
Charles
Professor Charles Oppenheim
From: Lawrence
Serewicz <[log in to unmask]>
To: [log in to unmask]
AC.UK
Sent: Tuesday, 6 December 2011, 3:05
Subject: A modest defence
of regulators: the case of the Information Commissioner's Office (ICO)
Dear All,
I have just published my blog on the Leveson inquiry. As I
mentioned on Friday I was working on it. I had hoped to publish it over
the weekend, but other events overtook me. I do not normally post
links to my blog, so my apologies if I have overstepped list etiquette
on this matter.
http://lawrenceserewicz.wordpress.com/2011/12/06/a-modest-defence-of-regulators-the-case-of-the-information-commissioners-office-ico/
I do not normally blog about FOIA/DPA or work related issues, but I
thought that this would be of interest to the list given the unfolding
events and what it may mean for us and our work.
Although the blog
is based on the ICO, the issue is about regulators in general. I wrote
it that way for two main reasons. First, I work in a field that is
regulated by the ICO and I am mindful that I owe the organisation a
measure of restraint when commenting out of hours on a work related
subject. :) The second reason is that I do not know anything about the
inner workings of the ICO and the blog has to be theoretical. To put it
another way, if you don't know anything practical about the topic, talk
about the theory. :)
I hope you find the blog of interest and the
sources useful. I would be interested in your comments either on this
list or on the blog.
Best,
Lawrence
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