Data Protection Question.
Discussion
I run a forum, and we want to use the usual type of
"We also reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you."
Like we have here on PH. I have been told that this is illegal.
www.dh.gov.uk/PolicyAndGuidance/OrganisationPolicy/RecordsManagement/DataProtectionAct1998Article/fs/en?CONTENT_ID=4000489&chk=VrXoGe
Is that true? Surely if they afree to the rules then they forfit that right.
Tim
"We also reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you."
Like we have here on PH. I have been told that this is illegal.
www.dh.gov.uk/PolicyAndGuidance/OrganisationPolicy/RecordsManagement/DataProtectionAct1998Article/fs/en?CONTENT_ID=4000489&chk=VrXoGe
Is that true? Surely if they afree to the rules then they forfit that right.
Tim
1) Are you the Data Controller?
2) Are you (as DC) registered?
3) The URL suggested the application might be related to Healthcare - there are special provisions in this area. Is this the case?
4) There are exemptions to non-disclosure, for example for:
the prevention or detection of crime, the apprehension or prosecution of offenders, the assessment or collection of any tax or duty or of any imposition of a similar nature.
5) You can register a disclosure to: "Persons making an enquiry or complaint"
An ex-colleague used to advise 'data controllers' to see a warrant/court order before disclosing any personal data outside the limits of the registration/notification.
Streaky
2) Are you (as DC) registered?
3) The URL suggested the application might be related to Healthcare - there are special provisions in this area. Is this the case?
4) There are exemptions to non-disclosure, for example for:
the prevention or detection of crime, the apprehension or prosecution of offenders, the assessment or collection of any tax or duty or of any imposition of a similar nature.
5) You can register a disclosure to: "Persons making an enquiry or complaint"
An ex-colleague used to advise 'data controllers' to see a warrant/court order before disclosing any personal data outside the limits of the registration/notification.
Streaky
1. I guesss I am the "Data Controller" as it was created by me and I am the only one that does anything "technical" on the forum. Others are just Mods.
2. No, I'm not registered.
4. Seems logical.
5. What is involved in "registering a disclosure"
Bloody hell, I only run the forum for the darned users, I don't even make anything out of it! Some people.
>> Edited by timsta on Monday 2nd May 10:10
2. No, I'm not registered.
4. Seems logical.
5. What is involved in "registering a disclosure"
Bloody hell, I only run the forum for the darned users, I don't even make anything out of it! Some people.
>> Edited by timsta on Monday 2nd May 10:10
The Data Protection Act 1998 requires every data controller who is processing personal data to notify unless they are exempt. Failure to notify is a criminal offence.
A data controller is a person who determines the purposes for which and the manner in which any personal information are or are to be processed.
Personal information means data which relates to a living individual who can be identified from the data or from the data combined with other information which is in the possession of the data controller. To check if you are exempt, answer the questions in our guide.
Exemptions are possible for:
* Some not-for-profit organisations
* Processing of personal data for personal, family or household affairs (including recreational purposes).
* Data controllers who only process personal data for the maintenance of a public register.
* Data controllers who only process personal data for any one or all of the following purposes for their own business.
- staff administration
- advertising, marketing and public relations
- accounts and records.
I suggest to read the material on Data Protection available from the Information Commissioner's Office website .
Streaky
A data controller is a person who determines the purposes for which and the manner in which any personal information are or are to be processed.
Personal information means data which relates to a living individual who can be identified from the data or from the data combined with other information which is in the possession of the data controller. To check if you are exempt, answer the questions in our guide.
Exemptions are possible for:
* Some not-for-profit organisations
* Processing of personal data for personal, family or household affairs (including recreational purposes).
* Data controllers who only process personal data for the maintenance of a public register.
* Data controllers who only process personal data for any one or all of the following purposes for their own business.
- staff administration
- advertising, marketing and public relations
- accounts and records.
I suggest to read the material on Data Protection available from the Information Commissioner's Office website .
Streaky
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