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PRACTICE NOTES
ARCHIVED
This archived Practice Note outlines the data protection regime in force before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). It is provided for background only and is not maintained.
What is meant by image?
Two forms of image are discussed in this Practice Note, both relevant to data protection:
The likeness of a person’s physical features and the factual circumstances of their proximity (for example, a photograph or picture)—the ontic definition.
How a person is conceived in the public mind—the ontological definition.
For a comprehensive introduction to the GDPR, collating key practical guidance, see: UK data protection law collection.
Data protection
The aim of data protection law is to ensure that anyone processing personal data for purposes other than purely domestic ones is subject to regulation. The rationale for such regulation is outside the scope of this Practice Note. Under the DPA 1998,
Information Law
Q&As
The Freedom of Information Act 2000 (FIA 2000) and the Data Protection Act 1998 (DPA 1998) are distinct regimes, save for the overlap raised here. They otherwise operate separately from one another as a rule. FIA 2000 contains various exemptions. Those exemptions mean the kind, character or even the presence of the information need not be revealed under FIA 2000. For this scenario, the pertinent carve-out is in FIA 2000, s 40, in particular FIA 2000, ss 40(1) and 40(5)(a). Where the material amounts to personal data and the data subject seeks disclosure via FIA 2000, the exemption applies in absolute terms...
Local Government
Q&As
Q&A
For this Q&A, we take 'email journaling' to mean a method whereby messages entering or leaving a server are duplicated and sent to a single designated mailbox, creating a record of every message in and out, arranged in a user-selected order (typically by date/time). We have limited this response to circumstances that fit those assumptions, and to cases where the journal mailbox cannot be changed or interfered with by any server user holding normal privileges...
Information Law
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