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From: Guy Etchells <>
Subject: Re: [trivvies] Re: Data Protection Act
Date: Wed, 07 May 2003 10:26:56 +0100
References: <006201c31336$8a180ea0$0e01a8c0@chris> <3EB6B633.000011.02112@oemcomputer> <01a201c3133f$ecae0200$0e01a8c0@chris> <025301c31396$5d36cb00$3f9069d5@oemcomputer> <3EB7699D.4000905@virgin.net> <00c501c31472$160724a0$5e9069d5@oemcomputer>


Data Protection Act available at
http://www.dataprotection.gov.uk/dpr/dpdoc.nsf

As may been seen this is about accuracy not privacy, though sensitive
information does as a matter of course require privacy.

The Society of Genealogists (No.18, of 2001) is slightly inaccurate.
According to the DPA the principles are (my comments interspersed)-

1 fairly and lawfully processed;
2 processed for limited purposes;

The purpose of a genealogical database may be to provide such
genealogical data world-wide, if that is the reason for the database it
complies with the principle.

3 adequate, relevant and not excessive;

see 2 above

4 accurate;

isn't this what all genealogists strive for

5 not kept longer than necessary;

Which in this case would be forever

6 processed in accordance with the data subject's rights;

As the data subject could read the information online this is more that
covered.

7 secure;

All web masters strive for this

8 not transferred to countries without adequate protection

This is in direct conflict with the Human Rights Act which take precedence.

Human Rights Act available at
http://www.hmso.gov.uk/acts/acts1998/80042--d.htm

Article 10 states -

"ARTICLE 10 FREEDOM OF EXPRESSION
1. Everyone has the right to freedom of expression. This right shall
include freedom to hold opinions and to receive and impart information
and ideas without interference by public authority and regardless of
frontiers. This Article shall not prevent States from requiring the
licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and
responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in
a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for
the protection of health or morals, for the protection of the reputation
or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and
impartiality of the judiciary."

In other words unless you wish to disclose information that may harm
others the government cannot stop you if it is legal to process the
information within Europe the Human Rights Act provides it is legal to
disseminate the data outside of Europe.

Cheers
Guy

Howard Fuller wrote:
> I'm afraid I must disagree with you, Guy. Let me quote from a useful document
> issued by the Society of Genealogists (No.18, of 2001)
> www.sog.org.uk/leaflets/dpa/html
>
> Data Protection Act... 8 principles... central to the Act...
> 1. Information about individuals must be obtained and processed fairly and
> lawfully
> 2. It must be held only for specified purposes
> 3. It must not be used or disclosed in any way incompatible with those
> purposes
> 4. It must be adequate, relevant but not excessive in relation to those
> purposes
> 5. It must be accurate and kept up to date (where necessary)
> 6. It must not be kept longer than necessary for the purposes
> 7. Individuals are entitled to be told what information is held about them
> and, where appropriate, have the data corrected or erased.
> 8. Appropriate security measures shall be take to prevent unauthorised access
> to, alteration, disclosure or destruction of personal data, and accidental
> loss or destruction of the data.
>
> Later legislation has revised some of this, but the essential points are that
> ANY individual or organisation holding - whether on computer (the earlier
> format) or on paper (added in the more recent legislation) - personal data
> about living persons must: 1) register with the Information Commissioner, 2)
> hold the information securely - and it is an offence not to do this. So, all
> such information must be kept in a safe if on paper, or behind a firewall if
> on a computer... You do do that, don't you?!
>
> The only exemptions to all this are for family records kept within the family,
> and for the names and addresses of society members kept to assist in
> distributing society literature - although members must be told that such
> records are being kept (in whatever form).
>
> I agree that the Freedom of Information Act directly contradicts the DPA - and
> this is causing terrible problems for County Achivists, who are required to
> index ALL their holdings but must not include data about living persons...
>
> Howard
>

--
Wakefield, England
http://freespace.virgin.net/guy.etchells The site that gives you facts
- not promises!

http://www.archivecdbooks.org Where you find the answer
http://gye.future.easyspace.com Worldwide Cemetery Links, Monumental
Inscriptions, War Graves, etc.

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