Publishing name on a website

[Butterfly22]

Hi. I am secretary and webmaster for a non-profit dog breed society. On our website we are building a dog pedigree database. We would like to add the name of the breeder and the name of the owner. Would adding either of these names without obtaining permission first be contravening the data protection act?

TIA

[Caspar]

Re: Publishing name on a website

Yes!

[charitynjw]

Re: Publishing name on a website

Any info that could identify a living person has to conform to the DPA.
Why not just ask permission?

[Butterfly22]

Re: Publishing name on a website

hmm, 1 yes and 1 no

We usually get permission but sadly there is one person that we know will not give it, and it seems such a shame not to put the dog's breeder down.

One more thing, pedigree details, including who the breeder is and the owner, is published by the Kennel Club; one of our committee members said that that would mean we could publish it on our site. I don't believe that it does, but perhaps somebody here could confirm?

Thanks

[Caspar]

Re: Publishing name on a website

I don't think you've got 1 yes and 1 no. I think you've 2 saying yes, but one of those giving a way to make it conform.

As regards the kennel club, their data controller will be responsible for any personal information on their site. It sounds as though you are the data controller for your site, so you would be responsible for any personal information published on your site.

If you are unsure of these issues you certainly need to read the DPA 1998 if you havven't already done so (easily available - just google it!) If you are a real novice to these matters I'm sure the google search brings up a sort of "beginners guide." This would give you the basics, but you need to know the responsibilities of being a data controller as there are massive implications if anything goes wrong.

[Aquasition]

Re: Publishing name on a website

There would appear to be two definitions of “personal data”. The first being that of the Information Commissioner’s Office (ICO) and the second being that of the Courts. Regardless of what the ICO state or what they produce in their technical guidance, it has no legal basis.

The authority to look at is Durant v FSA 2003. At section 28 Lord Auld stated:

“ It follows from what I have said that not all information retrieved from a computer search against an individual's name or unique identifier is personal data within the Act. Mere mention of the data subject in a document held by a data controller does not necessarily amount to his personal data. Whether it does so in any particular instance depends on where it falls in a continuum of relevance or proximity to the data subject as distinct, say, from transactions or matters in *587 which he may have been involved to a greater or lesser degree. It seems to me that there are two notions that may be of assistance. The first is whether the information is biographical in a significant sense, that is, going beyond the recording of the putative data subject's involvement in a matter or an event that has no personal connotations, a life event in respect of which his privacy could not be said to be compromised. The second is one of focus. The information should have the putative data subject as its focus rather than some other person with whom he may have been involved or some transaction or event in which he may have figured or have had an interest, for example, as in this case, an investigation into some other person's or body's conduct that he may have instigated. In short, it is information that affects his privacy, whether in his personal or family life, business or professional capacity..”

The mere mention of a name there would not (according to Durant) constitute personal data and therefore would not fall under the Act

[Crispybacon]

Re: Publishing name on a website

We usually get permission but sadly there is one person that we know will not give it, and it seems such a shame not to put the dog's breeder down.

So stepping back a little, and putting aside the legal position, how would you feel, should the administrators of this site published your name on here without your permission?

Why don't you just discuss this with the person concerned and show them what you are trying to do and why and ask what information they would be happy to be published?

If they still refuse then personally I think you should honour that.

Best

Crispy

[Caspar]

Re: Publishing name on a website

A definition of data under number 1 DPA 1998

is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system

This exact wording has actually been repealled and replaced under the Freedom of Information Act 2000 which just extends its meaning and scope much more, so I really do consider you'd be on dodgy ground.

Another section of the FOI Act 2000, unrelated to changes to the DPA, states data has to be exempt from being published if it constitutes personal data of which the applicant is the data subject.

I'm really sorry- I appear to be being awkward. I'd actually be all for you publishing your database - as you can see from my picture and username I'm a great dog fan. The photo is the real Caspar!

[Butterfly22]

Re: Publishing name on a website

So stepping back a little, and putting aside the legal position, how would you feel, should the administrators of this site published your name on here without your permission?

Why don't you just discuss this with the person concerned and show them what you are trying to do and why and ask what information they would be happy to be published?

If they still refuse then personally I think you should honour that.

Thanks Crispy! Stepping back, the majority of people do not mind, and personally I certainly would not mind my name being shown as the dog's breeder. However, it is a very very sad fact that there are politics within the dog world, and this is purely a case of that. Should anybody other than our society publish the information I am sure the person concerned would not mind, it is merely the fact that our society is doing something that they themselves are not doing that bugs them.

@ Caspar Thanks

I think I shalll advise the committee NOT to put owneres/breeders' names unless we have permission, but where we haven't to put a link where the breeders name should be to a form where the breeder can give permission. I find it all very sad.


Thanks for your help

[charitynjw]

Re: Publishing name on a website

From the ICO

http://www.ico.gov.uk/~/media/documents/library/Data_Protection/Detailed_specialist_guides/THE_DURANT_CASE_AND_ITS_IMPACT_ON_THE_INTERPRETATI ON_OF_THE_DATA_PROTECTION_ACT.ashx