Personal Opinions Online Subject to the DPA

The Information Commissioner is required to consider what is acceptable for one individual to say about another because the First Data Protection Principle requires that data should be processed lawfully. This is the view expressed in the High Court decision of - The Law Society & Ors v Kordowski [2011] EWHC 3185 (QB) (07 December 2011). Strictly even where private individuals are expressing their own views the "domestic purposes" exemption in the Data Protection Act (DPA) (s.36) will not always apply and the First Data Protection Principle can require that the data is processed lawfully something which should attract the regulation of the Information Commissioner. This has implications for those hosting and publishing blogs and other online forums because previously such processing of personal data was considered by the Information Commissioner to be exempt. The full text of the judgment is available on the BAILII website.

Posted on 09/12/2011

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