Explicit consent to release data is not always needed

PHIL LE BER highlights his frustrations at what he describes as the ‘unintended consequences’ of data protection legislation in his letter of 15 September, describing it as a ‘...very handy shield or hiding place for the perpetrator...’

It is certainly the case that the legislation is often misunderstood, misinterpreted, and mis-used.

Mr Le Ber laments the administrative burden of ensuring data protection compliance duties for the third sector and it is true that all organisations, regardless of sector, must ensure that they look after the data in their care properly. It is, however, not true that explicit consent is always required. This, again, stems from a fundamental misunderstanding of the law and is simply not the case.

I understand that Mr Le Ber is a candidate in the forthcoming elections and I wish all those involved successful campaigns. We live in a Bailiwick that provides for free and fair elections; one which provides platforms (such as this) to express opinions; and one which embeds individuals’ rights and protections into law. Much of this framework of democracy does require investment in time. Far from being wasted, however, this time ensures that such important pillars of our lives remain intact. Doing things right invariably takes more effort than doing things badly.

In my experience, those most engaged with, and grateful for, the protections afforded in law are those who have suffered from a data breach themselves. Data privacy is like oxygen, mostly we don’t give it a thought but the less you have of it, the more you know its value.

But relying upon engagement and support from those who have suffered harms because of data misuse, whilst it may be an effective strategy, is clearly a profoundly unethical one. First and foremost, we seek to prevent those harms from happening at all. So, we will continue to work hard at this office to raise awareness and engagement the best way we can – helping us all to recognise how important the protection of our personal data is for us as individuals, for our businesses and for our Bailiwick and to consider that time taken to ensure that we are all treated with fairness and dignity should never be considered as wasted.

EMMA MARTINS,

Data Protection Commissioner,

Office of the Data Protection Authority.