Big Implications for the DPA?

This could have significant implcations for the Data Protection Act and all of us governed by it:

EU can't discriminate between public and private personal data • The Register

[strangewayofsavin]

Re: Big Implications for the DPA?

This may be so, but if you take the defemation act into account, then we can easily define what is in breech of the DTA, along with the formation of a contract governed by statute law i.e the CCA, SOGA, The Eu law cannot superceed these laws unless they are subject to (and the boo;s will come from budgie and the likes of ) EU Cartel laws

[labman]

Re: Big Implications for the DPA?

After talking to a top Consumer Affairs solicitor, I was of the opinion that EU legislation took priority over UK legislation. Factortame established that where uk law conflicts with EU law then Eu law prevails.

I'm very happy to be proven wrong.

[strangewayofsavin]

Re: Big Implications for the DPA?

O.K for the reason of De facto of De Jure, for the layman In law in practice, so if under the SOGA the the EU cannot supeseed unless Eu has written a new constetution, and for that we would need a referendum, unless our government went against us, and seeing as Mr Cameron has not, due to his recent veeto (or if you work for Mercedes Vito), any agreement relinqueshing this would automatically create such tensions, that the Queen could implement her rights under the Royal prerogative, to force a referemdem, and on the Eu found this under the lisbon treaty:
European Union
The European Union (EU) possesses some of the attributes of a federal state. However, its central government is far weaker than that of most federations so it is usually characterised as an unprecedented form of supra-national union or confederation. The EU has responsibility for important areas such as trade and monetary union, and today around sixty per cent of the legislation in member-states originates in the institutions of the Union. Nonetheless, EU member-states retain the right to act independently in matters of foreign policy and defence, and also enjoy a near monopoly over other major policy areas such as criminal justice and taxation. Furthermore, member-states are separate, sovereign entities under international law and, currently at least, possess a de facto if not explicit de jure right of secession. The Treaty of Lisbon tries to codifythe Member States' right to leave the Union, but would at the same time also provide the European Union with significantly more power in many areas. The European Union is being given 'legal personality' and taking unto itself powers that it formerly exercised only in a representative capacity for the Member States.

codify means :Arrange (laws or rules) into a systematic code. Or Arrange according to a plan or system

[labman]

Re: Big Implications for the DPA?

So speaks at a guess Wikipedia. However, I remain unconvinced. The very first sentence, "O.K for the reason of De facto of De Jure...." does not make sense.

There is a Court de Facto and there is a Court de Jure (though only one I know of in this country in Torquay, and it is debateable if that is legal).

Other parts of the article are also incorrect which does not give me faith in its overall content.

Having said that, I sincerely hope you're right!

[strangewayofsavin]

Re: Big Implications for the DPA?

So are you questioning the legal fact, do you have case law to back up your ideals? yes wikipedia was used for the translation of latin for the layman.
and a very good non profit site it is

[labman]

Re: Big Implications for the DPA?

So are you questioning the legal fact, do you have case law to back up your ideals? yes wikipedia was used for the translation of latin for the layman.
and a very good non profit site it is

I do question the legal fact, yes. I don't have the case law to back it up though as I was told it by a very well renowned solicitor. I'm sure if I contact him next week I can get some for you though. I took his word for it as he knows what he's talking about.

I believe, from personal knowledge, this was a very relevant case though(again looked up in Wikipedia, but a case I knew of): Factortame I [1990] ECR I-2433, Duty on national courts to secure the full effectiveness of Community law, even where it is necessary to create a national remedy where none had previously existed. The House of Lords accepted supremacy of EU law in this case. This is important in context of British Parliamentary Sovereignty. Lord Bridge held that Parliament had voluntarily accepted this limitation of its sovereignty, being fully aware that, even if the limitation of sovereignty was not inherent in the EEC TReaty , it had been well established by jurisprudence before Parliament passed the European Communities Act of 1972.[9]

As I said at the end of my post I'd be delighted if you're right and I'm wrong.

Agree Wikipedia is a brilliant free resource. There's a mobile phone network 'giff gaff' which claims to model itself on it now, though the network is not 'Not for Profit' as Wikipedia is.

[strangewayofsavin]

Re: Big Implications for the DPA?

it had been well established by jurisprudence before Parliament passed the European Communities Act of 1972.[9]

.

I think you will find that was Ted Heath, and I think you will find that the treaty was signed with the consent of "the royal prerogative", as was the Falklands war by Mrs Thatcher, So If Mr Cameron for agruement sake grew a pair, and approached the Queen, then by the same laws it can be revoked.
The Queen does have limited power, and most of her duties are ceremonial, but she does still have real power to a degree.
The queen has no political agenda and remains independant, and by duty must be impartial and do what is best for her subjects.

[labman]

Re: Big Implications for the DPA?

This is the best summary I've found so far. It is impossible to do justice to it on this site as it is such an immotive and complicated area of law. This does seem pretty accurate though:

EU law is binding "without further enactment" and has priority over "any enaction passed or to be passed Recommendations and opinions "have no binding force" according to Article 189 of the Treaty, but in Grimaldi de Fonds v. Maladie Professionelles it was decided that there is a duty to take them into consideration when considering questions of European law.



EU concerns are, inter alia:

• trade
• employment
• agriculture
• fisheries
• consumer protection
• competition
• banking
• health and safety
• welfare benefits

The EU is not concerned with

• criminal law
• contract law (except for consumer and employment law)
• family law
• education
• health

Although delegated legislation, which implements many EU directives, is convenient, the European Communities Act, says that it may not:

• impose or increase tax
• be retrospective
• confer powers of subdelegation of legislative authority
• create criminal offences with a penalty exceeding 2 years and £1000.

[strangewayofsavin]

Re: Big Implications for the DPA?

This is the best summary I've found so far. It is impossible to do justice to it on this site as it is such an immotive and complicated area of law. This does seem pretty accurate though:

EU law is binding "without further enactment" and has priority over "any enaction passed or to be passed Recommendations and opinions "have no binding force" according to Article 189 of the Treaty, but in Grimaldi de Fonds v. Maladie Professionelles it was decided that there is a duty to take them into consideration when considering questions of European law.



EU concerns are, inter alia:

• trade
• employment
• agriculture
• fisheries
• consumer protection
• competition
• banking
• health and safety
• welfare benefits

The EU is not concerned with

• criminal law
• contract law (except for consumer and employment law)
• family law
• education
• health

Although delegated legislation, which implements many EU directives, is convenient, the European Communities Act, says that it may not:

• impose or increase tax
• be retrospective
• confer powers of subdelegation of legislative authority
• create criminal offences with a penalty exceeding 2 years and £1000.

Was this out of EU law A-level edition 55 book? So as stated if the Queen should dissolve parliment over national interests, and appoint an interim government, whilst a referndum was called, are you stating EU constitution would overall the Royal prerogative?

[strangewayofsavin]

Re: Big Implications for the DPA?

save for later

[labman]

Re: Big Implications for the DPA?

Was this out of EU law A-level edition 55 book? So as stated if the Queen should dissolve parliment over national interests, and appoint an interim government, whilst a referndum was called, are you stating EU constitution would overall the Royal prerogative?

PMSL! Not a book I've heard of to be honest. I'm not going to keep debating this here as there's little point. Any real issues are decided by people way beyond me, and I suspect you too. There is certainly plenty of case law to back up EU Supremacy in certain areas, and not in others, but at the end of the day, it is for the courts to decide ultimately. While you and I can debate it all day long, and it is an interesting subject, there are other issues more deserving of time being spent on them on the site.

I still stand by what I was advised by the solicitor though. You and others must make up your own minds.

[strangewayofsavin]

Re: Big Implications for the DPA?

O.k Bye then, sorry you doubt yourselve. and you doubt me too

[labman]

Re: Big Implications for the DPA?

I'm sure we'll meet on other posts!