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Court Overrules ICO (Again)
The Information Commissioner’s Office lost yet another tooth (if it had any left) yesterday after Sheriff Douglas of Paisley Sheriff Court ruled that data considered by the ICO to be personal data, was not.
Mr. A submitted an email to the ICO asking if the statement reproduced in the body of Mr. A’s email comprise personal data. Mr. A informed the ICO that the statement was being stored on computer and was being used to make a decision about him.
The ICO responded by saying “You are seeking confirmation as to whether the content of the statement you reproduced in the body of your most recent e-mail constitutes personal data for the purposes of the Data Protection Act 1998 (the Act). The Act defines personal data as:
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 theindividual.According to the information contained in the reproduction of the statement by Mr. A, I can see no obvious reason why this would not be considered the personal data of this person.
Statement of: Mr. A
Date of Birth: 26:07:19??
Address: 2 ?? Gardens, ??, KA11 ???
Telephone: (H) 01294 300000 (B) 01294 200000 (M) 07817 500000
States:
I am a self employed Fund Raising Consultant and reside with my wife at the about address.
I have no criminal convictions.
I have been involved in water sports for about 15 years beginning with canoes when I was in the army and then going on to windsurfing and jet skiing.
This was my first boat and I bought it from ?? Marine in Glasgow on 14 January 2004.
The boat was advertised for £17,500 but I eventually bought it for £15,000 as there were a few faults with it. I paid by cheque and there was no Hire Purchase involved.
After owning it for about three months I returned it to ?? for some work as a crack had appeared in the gel coat at the bow and a strut required replacing inside the bow.
Being new to boating I have attended and passed several RYA courses including a skippers and dinghy sailing course.
I kept the boat on the trailer at my old house in ?? Street, ?? and towed it to various locations.
After I moved to my current address I kept it at ?? Marina where I stored it in their secure compound.
Last year I bought a house in ?? in Spain and thought about taking the boat out there.
My annual fee was due for the secure compound and I decided not to renew it but to pay monthly to store it on the hard while we thought about taking it to Spain.
I also thought about selling it and advertised it in Boats & Outboards last year but I did not get one single enquiry. I also entered into negotiations with ?? Boat Sales who offered me £15,000 in a trade in for a Bayliner Command with a flying Bridge.
I thought about upgrading or buying a new boat but in the end I did not.
On Sunday 22 July my wife and I took the boat to Loch Lomond and registered it with the park authority there. We stayed the night at Cameron House Marina and returned home on Sunday 23 July parking the boat in ?? Marina.
We parked it between a small yacht and a small power boat on the hard about 2130.
Mt wife and I returned to the marina about 1600 on Monday 24 July and cleaned out the boat and left for home about 1710.
That was the last time I saw the boat.
I arrived at ?? about 0930 on Saturday 29 July and immediately noted my boat was not sitting where I had left it.
I went to the Marina office and asked if they had moved seen it.
They said they had not and asked if I had instructed anyone on the marina to carry out work to the boat. I explained I had not and they suggested I contacted the police as it may have been stolen.
I attended ?? Police Office and reported the boat stolen.
A Constable W is dealing with the matter.
I told him there would be CCTV at the marina but the police have not examined it.
Constable W explained it would take too long. I asked if he thought it would be worthwhile me looking at it but he said no.
The trailer had a wheel clamp fitted to the front nearside wheel.
I did not see the wheel clamp or any part of it lying where the boat had been.
There are several things about the boat that would enable me to identify it. I removed the fresh water cooling system from the boat and as a result there are marks under the seats at the stern on each side of the engine where the water tanks were.
There are 1” diameter holes on each side of the boat where I installed an electric system for putting out the fenders.
The outboard motor bracket is in line with the swimming ladder and therefore the ladder can not be used when the outboard is mounted.
I fitted two trim tabs personally and there is a burn mark on the carpet under the stern seat caused by a light bulb being placed on it while hot.
I removed the two batteries from the stern to the centre storage point in the boat.
The trailer has been extended at the hitch by a 1 meter long section of metal and we welded a winch in front of it. I have handed over the keys for the boat; the large key is for the outboard engine clamp. The square key is for the cabin while the round key is for the ignition. The small key is for a locker.
I also have the wheel clamp key but it is on the car keys which my wife has with her. I can send it to you.
With regard to engine numbers and serial numbers I have sent them to Mr. C by e-mail. I have also submitted a full itinerary to him of all the items which were aboard the boat.
I do not have receipts for much as I bought them all over the last two years.
I should say that the canopies shown in the photograph of the boat were stowed in the cabin and the boat had a waterproof traveling cover over it when it was stolen.
I have supplied you with the original sales receipt from ?? Marine which I would like returned to me.
I have also supplied a receipt from ?? Marine for my dinghy which was on board and various other items.
Signed: Mr. A
Sheriff Douglas said that any information received or published by the ICO (Technical Guidance – Definition of Personal Data) was that – Guidance and therefore was not in any sense authoritative and had no force. His authority was Durant (Durant v FSA 2003).
Is it now time for the ICO to tear up all their so called Guidance?
The Information Commissioner’s Office lost yet another tooth (if it had any left) yesterday after Sheriff Douglas of Paisley Sheriff Court ruled that data considered by the ICO to be personal data, was not.
Mr. A submitted an email to the ICO asking if the statement reproduced in the body of Mr. A’s email comprise personal data. Mr. A informed the ICO that the statement was being stored on computer and was being used to make a decision about him.
The ICO responded by saying “You are seeking confirmation as to whether the content of the statement you reproduced in the body of your most recent e-mail constitutes personal data for the purposes of the Data Protection Act 1998 (the Act). The Act defines personal data as:
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 theindividual.According to the information contained in the reproduction of the statement by Mr. A, I can see no obvious reason why this would not be considered the personal data of this person.
Statement of: Mr. A
Date of Birth: 26:07:19??
Address: 2 ?? Gardens, ??, KA11 ???
Telephone: (H) 01294 300000 (B) 01294 200000 (M) 07817 500000
States:
I am a self employed Fund Raising Consultant and reside with my wife at the about address.
I have no criminal convictions.
I have been involved in water sports for about 15 years beginning with canoes when I was in the army and then going on to windsurfing and jet skiing.
This was my first boat and I bought it from ?? Marine in Glasgow on 14 January 2004.
The boat was advertised for £17,500 but I eventually bought it for £15,000 as there were a few faults with it. I paid by cheque and there was no Hire Purchase involved.
After owning it for about three months I returned it to ?? for some work as a crack had appeared in the gel coat at the bow and a strut required replacing inside the bow.
Being new to boating I have attended and passed several RYA courses including a skippers and dinghy sailing course.
I kept the boat on the trailer at my old house in ?? Street, ?? and towed it to various locations.
After I moved to my current address I kept it at ?? Marina where I stored it in their secure compound.
Last year I bought a house in ?? in Spain and thought about taking the boat out there.
My annual fee was due for the secure compound and I decided not to renew it but to pay monthly to store it on the hard while we thought about taking it to Spain.
I also thought about selling it and advertised it in Boats & Outboards last year but I did not get one single enquiry. I also entered into negotiations with ?? Boat Sales who offered me £15,000 in a trade in for a Bayliner Command with a flying Bridge.
I thought about upgrading or buying a new boat but in the end I did not.
On Sunday 22 July my wife and I took the boat to Loch Lomond and registered it with the park authority there. We stayed the night at Cameron House Marina and returned home on Sunday 23 July parking the boat in ?? Marina.
We parked it between a small yacht and a small power boat on the hard about 2130.
Mt wife and I returned to the marina about 1600 on Monday 24 July and cleaned out the boat and left for home about 1710.
That was the last time I saw the boat.
I arrived at ?? about 0930 on Saturday 29 July and immediately noted my boat was not sitting where I had left it.
I went to the Marina office and asked if they had moved seen it.
They said they had not and asked if I had instructed anyone on the marina to carry out work to the boat. I explained I had not and they suggested I contacted the police as it may have been stolen.
I attended ?? Police Office and reported the boat stolen.
A Constable W is dealing with the matter.
I told him there would be CCTV at the marina but the police have not examined it.
Constable W explained it would take too long. I asked if he thought it would be worthwhile me looking at it but he said no.
The trailer had a wheel clamp fitted to the front nearside wheel.
I did not see the wheel clamp or any part of it lying where the boat had been.
There are several things about the boat that would enable me to identify it. I removed the fresh water cooling system from the boat and as a result there are marks under the seats at the stern on each side of the engine where the water tanks were.
There are 1” diameter holes on each side of the boat where I installed an electric system for putting out the fenders.
The outboard motor bracket is in line with the swimming ladder and therefore the ladder can not be used when the outboard is mounted.
I fitted two trim tabs personally and there is a burn mark on the carpet under the stern seat caused by a light bulb being placed on it while hot.
I removed the two batteries from the stern to the centre storage point in the boat.
The trailer has been extended at the hitch by a 1 meter long section of metal and we welded a winch in front of it. I have handed over the keys for the boat; the large key is for the outboard engine clamp. The square key is for the cabin while the round key is for the ignition. The small key is for a locker.
I also have the wheel clamp key but it is on the car keys which my wife has with her. I can send it to you.
With regard to engine numbers and serial numbers I have sent them to Mr. C by e-mail. I have also submitted a full itinerary to him of all the items which were aboard the boat.
I do not have receipts for much as I bought them all over the last two years.
I should say that the canopies shown in the photograph of the boat were stowed in the cabin and the boat had a waterproof traveling cover over it when it was stolen.
I have supplied you with the original sales receipt from ?? Marine which I would like returned to me.
I have also supplied a receipt from ?? Marine for my dinghy which was on board and various other items.
Signed: Mr. A
Sheriff Douglas said that any information received or published by the ICO (Technical Guidance – Definition of Personal Data) was that – Guidance and therefore was not in any sense authoritative and had no force. His authority was Durant (Durant v FSA 2003).
Is it now time for the ICO to tear up all their so called Guidance?
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