Does the US have juristriction over the whole world?
zenadsl6186 at zen.co.uk
Sat Nov 26 19:06:34 GMT 2011
Ben Liddicott wrote:
>> -----Original Message----- From: Peter Fairbrother Sent: Saturday,
>> November 26, 2011 2:29 PM
>> (a UK data controller is required by law to protect personal data in
>> his control against the US government as well as spammers and identity
>> thieves. He's also required to protect it against the UK Government,
>> who if they want it must get it through him).
> He is not required to protect it against the UK government.
> There is a general exception to the Data Protection Act for the
> prevention and detection of crime. Also one for "historical purposes",
> i.e. keeping it all forever in case your descendants happen to be
> A partial list of exemptions is:
> 28. National security..
> 29. Crime and taxation..
> 30. Health, education and social work..
> 31. Regulatory activity..
> 32. Journalism, literature and art..
> 33. Research, history and statistics.
> Together they are - a hole the size of a truck for the authorities.
> You didn't think it was there to protect you from the state, did you?
> The Data Controller CAN say no in these circumstances and ask for a
> court order.
> But he *does not have to*.
However, for 29 Crime and taxation.., 32 Journalism, literature and art
and 33 Research, history and statistics the data controller does have to
ensure that they can't get the data without his authorisation. Those
exemptions specifically do not exempt the seventh principle.
While it is possible that the seventh principle may be voided by 30
Health, education and social work.. and 31, Regulatory activity.. afaik
there are no orders in existence which void the seventh principle for
Health, education and social work reasons, and if it ever happens at all
for Regulatory activity reasons, it doesn't happen often.
The situation in regard to National security matters is more complex,
debatable and not relevant enough to go into in detail here, but in
general the seventh principle is not voided.
So basically he still has a duty to protect the data against the UK
Government's unauthorised access (except maybe in some rare national
security cases, but even this is debatable.)
-- Peter Fairbrother
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