[comp.org.eff.talk] Database Registration and privacy acts

brad@looking.on.ca (Brad Templeton) (05/14/91)

There have been a number of interesting points raised recently in
news.admin and comp.risks that EFF hangers-on might want to look at.
They involve some British laws about databases.

In one case a site has queried the database registry office about what
databases must be registered.   (Apparently the law requires that if you
keep a collection of information about people on a computer, you have to
register it, and other laws allow people to look at the data)

They kept asking if X should be registered and always got yes.  Examples
of X:
	The uucp maps and alias databases for sites and users
	Hostname databases for the internet

And speculation was that you would also have to register
	The /etc/passwd file and equivalents
	All E-mail mailing lists
	and more.

Thus creating a typical net site might involve the registration (presumably
with fees and paperwork) of a significant number of databases.

----------

In comp.risks, comment has been made that some institutions, fearful of the
laws which govern computer databases -- including a possible right-to-see
law -- have been deliberately keeping their databases on paper.  That means
processing the information on comptuer, but in the end printing it and erasing
the electronic records forthwith.   Included were Newspaper obituary
databases, and academic record databases.


All I can say is *sigh*.   And perhaps "if databases are outlawed, only
outlaws will have databases..."
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

rick@cstr.ed.ac.uk (Rick Innis) (05/15/91)

In article <1991May14.040427.10453@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:

  There have been a number of interesting points raised recently in
  news.admin and comp.risks that EFF hangers-on might want to look at.
  They involve some British laws about databases.

The law in question is the Data Protection Act. This was a piece of
legislation enacted to fulfill the requirements of a European Commission
Directive on access to and security of data - in fact all data, not merely
that stored on computer.

EC Directives state a number of requirements which member states of the EEC
are required to enact in law. The exact wording of the law is up the
individual member states; hence the effect can be different from one state to
another. 

Typically, the British Government, obssessed with secrecy, enacted this in
such a way as to make it extremely difficult for indiciduals to access
information held about them, and left plenty of boltholes for keeping
information protected. (For example, it's very difficult to find out what's
on a police computer, if I recall rightly.)

Perhaps there's someone out there who knows the DPA more thouroughly than I
do, who'd like to comment?

	--Rick.
--
JANET: 	  rick@uk.ac.ed.cstr	| Rick Innis, CSTR, 
Internet: rick@cstr.ed.ac.uk	| University of Edinburgh,
UUCP: 	..mcsun!ukc!cstr!rick	| Edinburgh, Scotland EH1 1HN.
Thought for the day: If you were happy every day of your life, you wouldn't
be a human being - you'd be a game show host. 

Jim.Fraas@buscard.FIDONET.ORG (Jim Fraas) (05/15/91)

In a message to All <05-14-91 06:53> Brad Templeton wrote:

BT> Message-ID: <1991May14.040427.10453@looking.on.ca>
BT> Newsgroups: comp.org.eff.talk
BT> There have been a number of interesting points raised
BT> recently in
BT> news.admin and comp.risks that EFF hangers-on might want to
BT> look at.
BT> They involve some British laws about databases.
OK Keep going
BT> In one case a site has queried the database registry office
BT> about what
BT> databases must be registered.   (Apparently the law
.......
BT> They kept asking if X should be registered and always got
BT> yes.  Examples
BT> of X:
BT>         The uucp maps and alias databases for sites and
BT> users
BT>         Hostname databases for the internet
BT> And speculation was that you would also have to register
BT>         The /etc/passwd file and equivalents
BT>         All E-mail mailing lists
BT>         and more.

Would this mean you would have to make avalable ALL passwords on a BBS to 
anyone who would want them? Like a hacker.....?

Thank goodness I live in the USA!  
 
--- QuickBBS 2.66 - - We REALLY Mean Business!
 * Origin: The Business Card - Lawrence, MA - (508) 682-5329 (1:324/121)

--  
Jim Fraas - via FidoNet node 1:324/121 (UUCP/UseNet<->FidoNet gateway)
UUCP:  wizvax!buscard!Jim.Fraas
ARPA:  Jim.Fraas@buscard.FIDONET.ORG
\wizvax!buscard!Jim.Fraas

john@gna.axis-design.fr (John Hughes) (05/17/91)

In article <1991May14.040427.10453@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:

   There have been a number of interesting points raised recently in
   news.admin and comp.risks that EFF hangers-on might want to look at.
   They involve some British laws about databases.

   In one case a site has queried the database registry office about what
   databases must be registered.   (Apparently the law requires that if you
   keep a collection of information about people on a computer, you have to
   register it, and other laws allow people to look at the data)

   They kept asking if X should be registered and always got yes.  Examples
   of X:
	   The uucp maps and alias databases for sites and users
	   Hostname databases for the internet

   And speculation was that you would also have to register
	   The /etc/passwd file and equivalents
	   All E-mail mailing lists
	   and more.

   Thus creating a typical net site might involve the registration (presumably
   with fees and paperwork) of a significant number of databases.

Yup, you (and that means ANY OF YOU, no exceptions for size) MUST
register any database that contains "personal information" about
living people.  Of course we al know that the law is an ass, so real
people (as opposed to companies, organisations, etc) just ignore it.
However, the law has no exceptions for real people, so just 'cos you
DO ignore it doesn't mean you CAN, or SHOULD.

John Hughes

brad@looking.on.ca (Brad Templeton) (05/17/91)

Actually, the real trick would be not to ignore it, but to organize full
compliance -- swamping them.    Problem is this probably costs money.

For example, I have hundreds of mail folders collecting mail I have
received and mail I have sent.   Megabytes of stuff which includes people
who have corresponded with me on certain topics.   This is a database of
people and their opinions.

My /etc/passwd is a database of people and their full names and addresses and
shells etc.   My filing cabinet is a paper version.

If people complied fully, you might get dozens or hundreds of databases
per person.  What would they do?
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

simona@panix.uucp (Simona Nass) (05/18/91)

In article <RICK.91May15101241@watt.cstr.ed.ac.uk> rick@cstr.ed.ac.uk (Rick Innis) writes:
>In article <1991May14.040427.10453@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:
>
>  There have been a number of interesting points raised recently in
>  news.admin and comp.risks that EFF hangers-on might want to look at.
>  They involve some British laws about databases.
>
>The law in question is the Data Protection Act. This was a piece of
>legislation enacted to fulfill the requirements of a European Commission
>Directive on access to and security of data - in fact all data, not merely
>that stored on computer.
>
>EC Directives state a number of requirements which member states of the EEC
>are required to enact in law.    [REST DELETED]

I also understand that if a non-member state, such as the U.S.A., is doing
business within the territory of a member state, the non-member state
must comply with the Directives of the member state to an "adequate"
extent. Anyone have more info? I think the Economist recently had an article
about this aspect, but I haven't tracked it down.
-S.

-- 
( rutgers!cmcl2!panix!simona,  uunet!jyacc!david, simona@panix.uucp )

gordon@sneaky.lonestar.org (Gordon Burditt) (05/18/91)

>In one case a site has queried the database registry office about what
>databases must be registered.   (Apparently the law requires that if you
>keep a collection of information about people on a computer, you have to
>register it, and other laws allow people to look at the data)
>
>They kept asking if X should be registered and always got yes.  Examples
>of X:
>	The uucp maps and alias databases for sites and users
>	Hostname databases for the internet

Does the registration for a database have to be registered, if it is
prepared on a computer?  To how many levels of recursion?  Or can 
a registration of a database include registration of the registration?


I got in a discussion about a year ago about certain proposals to regulate
databases, complaining that these proposals (mostly anti-credit-bureau
and anti-mailing-list-vendor proposals for use in the USA) outlawed the 
Personal Address Book.  Nobody took the complaint seriously.  It seems
the UK has implemented it.

The only way we are going to get sane laws on the subject, which balance
privacy rights against government intrusion into everything, is to
write the law in such a way that it does not in any way refer to computers.
If it's illegal to do with computers, you can't do it with paper or
stone tablets either.  Computerized versions of the personal address book
shouldn't be any more illegal than the paper kind.  You should be able to
use either as a mailing list for Christmas cards, but perhaps not as a
mailing list for selling insurance.  Also, it has to apply to the government 
as much or more so than to corporations and individuals.

What are the consequences of a registration under the UK Data Protection
Act that goes something like this:

Data collected:  everything we can get our hands on, up to and including
	name, address, credit information, sexual history and videotapes
	thereof, telephone calling records and recordings of telephone
	conversations, urine tests based on samples flushed down the 
	toilet, anything good for blackmail, all financial transactions,
	copies of all mail received and sent, and anything else.
Distribution of data:  Intergalactic, to all known adult sentient beings,
	except for people who pay us NOT to send it to them, and so far 
	nobody has that much money.


					Gordon L. Burditt
					sneaky.lonestar.org!gordon