Re: UKNM: Linking to sites

[Sam Carrington]

If they can find the paragraphs or sections which identify exectly how

and why it contravenes the act I will be amazed. Contained below some

extracts and a URL for the full act...


Given the definitions of personal data and sensitive personal data

below, it is hard to say how linking contravenes the act.


I am not a lawyer. But I know how webservers work; unless you are

passing:


A

HREF="http://www.competitor.com/?name=John&surname=Doe&address1=999%20Letsby

%20Avenue&address2=XX1%201XX&race=white&vote=green&church=LDS&union=NASUWT&l

astSectioned=1995&CCJ=1"


within the HREF to the competitor, I cannot see what personal data is

being transferred or revealed. The above would identify a user, but that

user would be foolish to give a site owner that info without very good

reason and the site owner would be manifestly incompetent if they

included it as plaintext in any URL query.


email addresses could be considered personal data, but it is the site

owners choice what is contained in any URL request after the question

mark. If you arent transferring the email address in either the HREF or

the referring page, you are not using or misusing any personal data.


IMHO


#############


"personal data" means data which relate to a living individual who

can be identified-


  (a) from those data, or

  (b) from those data and other information which is in the

      possession of, or is likely to come into the possession of,

      the data controller, and includes any expression of opinion

      about the individual and any indication of the intentions of

      the data controller or any other person in respect of the

      individual;


 [ ... snip ... ]


2. In this Act "sensitive personal data" means personal data consisting

   of information as to-


         (a) the racial or ethnic origin of the data subject,

         (b) his political opinions,

         (c) his religious beliefs or other beliefs of a similar nature,

         (d) whether he is a member of a trade union (within the meaning

of

             the Trade Union and Labour Relations (Consolidation) Act

1992),          (e) his physical or mental health or condition,

         (f) his sexual life,

         (g) the commission or alleged commission by him of any offence,

             or

         (h) any proceedings for any offence committed or alleged to

have

             been committed by him, the disposal of such proceedings or

the

             sentence of any court in such proceedings.


###############################


http://www.legislation.hmso.gov.uk/acts/acts1998/19980029.htm


###############################


--

    sam carrington  //  senior web developer  //  sensei.co.uk



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