MessageAlan, I have looked at those sections and firstly it says “ it helps to protect your interests by obliging organisations to manage the information they hold in a proper way “. Now I am retired I am no longer an organisation and as such subject qualify for the exemptions given at http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx .
The exemptions are as quoted in my previous post. I repeat that I did check my interpretation around 2 to 3 years ago with the Registrar’s Office, when I was advised that the data and its use qualified for exemption. I have, therefore, no worries with respect to the Act. I take it that if you feel that you need to comply with the Act you have registered you database with the authorities. Ron Ferguson http://www.fergys.co.uk/ From: Alan Pereira Sent: Saturday, September 24, 2011 11:44 AM To: LegacyUserGroup@LegacyUsers.com Subject: RE: [LegacyUG] loss of data Ron please look at Extract from http://www.ico.gov.uk/for_the_public/the_acts.aspx "The Act works in two ways. Firstly, it helps to protect your interests by obliging organisations to manage the information they hold in a proper way. It states that anyone who processes personal information must comply with eight principles, which make sure that it is: · fairly and lawfully processed; · processed for limited purposes; · adequate, relevant and not excessive; · accurate and up to date; · not kept for longer than is necessary; · processed in line with your rights; · secure; and · not transferred to other countries without adequate protection. " As we are handling personal information on many living individuals, we fall into the category of an Organisation, for which Principle 7 applies http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_7.aspx If you wish to interpret this another way, I hope you are prepared for litigation if it can be proved you supplied details on the living which helped someone steal their identity. Alan From: Ron Ferguson [mailto:ronfergy....@tiscali.co.uk] Sent: 24 September 2011 11:07 To: LegacyUserGroup@LegacyUsers.com Subject: Re: [LegacyUG] loss of data Sorry, Alan, but I beg to disagree. As a consultant, I also was involved in registrations under the Data Protection Act since it was first enacted in the early-mid 1980s, until I retired. Your statement “Could the data held in my Legacy file be used to steal someone's identity? If the answer to that question is "yes" or "possibly" then all the exemptions you list do not apply.” is not within the Act either expressly or otherwise. Of course, the Ford Motor Company has to register and comply as it is a commercial operation, and as you will appreciated cannot be included in the exemption which I quoted. Ron Ferguson http://www.ferguson.co.uk/ From: Alan Pereira Sent: Saturday, September 24, 2011 10:10 AM To: LegacyUserGroup@LegacyUsers.com Subject: RE: [LegacyUG] loss of data Ron, I too have looked in detail at the Data Protection Act and was for some part of my IT career responsible for pulling the data protection requirements for Ford Motor Company in the UK, so I have been immersed in this subject. Of the Living people in your database, ask yourself the question: Could the data held in my Legacy file be used to steal someone's identity? If the answer to that question is "yes" or "possibly" then all the exemptions you list do not apply. I could go on but I think this subject has been aired in this User List enough - Legacy Users should make up their own mind and you know my opinion. Alan From: Ron Ferguson [mailto:ronfergy....@tiscali.co.uk] Sent: 23 September 2011 21:05 To: LegacyUserGroup@LegacyUsers.com Subject: Re: [LegacyUG] loss of data Alan, Whilst I too may have reservations about disclosing information about living persons, I think that your interpretation of the UK Data Protection Acts is inaccurate. I would draw you attention to their website where it states that: Exemptions are possible for: ...... Processing personal information for personal, family or household affairs (including recreational purposes). and for exempt persons/usage/organisations: Personal, family and household affairs Individuals are exempt from notification if the only information processed is for personal, domestic and household affairs (including recreational purposes). Examples might include a personal address list, Christmas card list or personal information held in connection with a hobby. This exemption does not apply to individuals who hold personal information for business or professional purposes. I did check the meaning of this some time with respect to a database which I was offering to the general public, and was assured that if the usage fell into the above classes, registration under the Act was not required. Ron Ferguson http://www.fergys.co.uk/ From: Alan Pereira Sent: Thursday, September 22, 2011 5:59 PM To: LegacyUserGroup@LegacyUsers.com Subject: RE: [LegacyUG] loss of data Paul, this subject has deviated a long way from my reply to Syble Glasscock who may have experienced a similar problem. I have been through this hoop already - I am not waiting or expecting anything to happen! Others will have this problem who are based in the USA and who will not be subject to the restrictions we have in Europe - perhaps then this problem will be understood. I am sorry that my unwillingness to break the Law has slowed down Legacy developers in resolving this problem. I did offer to help analyse my database from this end as I am a Relational Database Expert and am proficient in MSAccess on which Legacy is based. Alan From: Paul Gray [mailto:grayp...@telus.net] Sent: 22 September 2011 17:05 To: LegacyUserGroup@LegacyUsers.com Subject: RE: [LegacyUG] loss of data Alan, I am not sure what you want to happen. You are suggesting ( I think) that there is a database problem, and Legacy needs the database to diagnose it. If you can’t, or won’t, provide the database (for any reason) I can’t see what more can be done. Paul From: Alan Pereira [mailto:alanpere...@tiscali.co.uk] Sent: September-22-11 9:53 AM To: LegacyUserGroup@LegacyUsers.com Subject: RE: [LegacyUG] loss of data Please read the Data Protection web site and you will see the impossibility of that statement. Alan From: cranberryf...@cobridge.tv [mailto:cranberryf...@cobridge.tv] Sent: 22 September 2011 16:11 To: LegacyUserGroup@LegacyUsers.com Subject: Re: [LegacyUG] loss of data I am just saying, maybe there is an exception to the rule. michele From: Alan Pereira Sent: Thursday, September 22, 2011 11:03 AM To: LegacyUserGroup@LegacyUsers.com Subject: RE: [LegacyUG] loss of data Michele, would you knowingly break a law that, in part, has been put in place to protect people from Identify Fraud? Especially when those people are your relatives! Alan Date: 09/22/11 Legacy User Group guidelines: http://www.LegacyFamilyTree.com/Etiquette.asp Archived messages after Nov. 21 2009: http://www.mail-archive.com/legacyusergroup@legacyusers.com/ Archived messages from old mail server - before Nov. 21 2009: http://www.mail-archive.com/legacyusergroup@legacyfamilytree.com/ Online technical support: http://www.LegacyFamilyTree.com/Help.asp Follow Legacy on Facebook (http://www.facebook.com/LegacyFamilyTree) and on our blog (http://news.LegacyFamilyTree.com). To unsubscribe: http://www.LegacyFamilyTree.com/LegacyLists.asp