What does this mean for cookies?
EU can't discriminate between public and private personal data
EU member states cannot generally prohibit organisations' legitimate and necessary but unauthorised processing of personal data where the information is not stored in specified public sources, the European Court of Justice (ECJ) has said. The ECJ said that national rules that broadly exclude data processing in non-specified …
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Tuesday 29th November 2011 13:34 GMT PatientOne
So who decides...
...what a 'Legitimate Interest' is?
Public and private data should not be treated the same. Let's say you have two phone numbers: One is public (in the phone book) and the other is private (unlisted). According to this ruling, people have as much right to share and use your private number as your public number. It means marketing firms can use both of them, with no regards of your wishes. It means things like the Telephone Preference Service, and the Telecommunications Act are both effectively overruled (as if anyone bothers with them anyhow) and it means businesses have been given a green light to accumulate private data as well as public without your consent.
There are times the EU and the ECJ do something brilliant. Then there are times with things like this happen...
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Wednesday 30th November 2011 12:00 GMT deadfamous
when is data public?
It seems to me that a public data store is one that is available, whether openly or via a restrictive contract, outside the organisation hosting the data store.
It follows that whilst an organisation may navel gaze at the data to it's heart's content, publishing the output of any data processing will ultimately fall foul of the directive if PII rules are broken.