Following the Durant Case in 2003 – Is the Data Protection Act 1998 now pointless???

Question

Following the Durant case in 2003, the Information Commissioner’s current interpretation of the DPA1998 allows U.K. Data Controllers to process personal information about identifiable individuals (YOU), that they have obtained for their DPA registered processing purposes, OUTSIDE of the protection of the DPA1998, simply by placing such information within a filing system that the ICO does not deem, or no longer deems, to be a ‘Relevant Filing System’.

The information about identifiable individuals (YOU) that are contained within these ‘Not-Relevant Filing Systems’, as they are not subject to the Act, are not subject to the 8 Principles of Data Protection; and in such a ‘Not-Relevant Filing System’ the Data Subject (YOU) has no right of access to the information about them (YOU).

I have put the above to the ICO, but they have not responded!

Answer 1

Did you really expect them to do the right thing? Dream on! They'll probably refuse to discuss it with you due to the clauses in the data protection act! It's become the best excuse ever to allow people in public departments to get away with doing their job inefficiently!

Answer 2

One word yes!