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« Should the European Data Protection Supervisor resign? | Main | Information Commissioner should enforce Article 8 privacy rights »

16/04/2010

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Well, it ignores the (rather important) other definitions of data in the precedings subsections. The email in question would - surely - have fallen under s(1)(1)(a) and/or (b).

The "accessible record" provision is arguably a red herring as well - as this only applies to health/education/ public authority records.

Has Eady J fallen into the trap of assuming all five sub-sections must appply for the definition to bite?

Is it failure to consider the other elements of the definition? An email is information which is being processed by means of equipment operating automatically in response to instructions given for that purpose.

The fact that it is an email automatically means that it was part of a relevant filing system i.e. the email system itself. As for being part of an accessible record, the email IS the accessible record.

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