[council] Data principles

Bruce Tonkin Bruce.Tonkin at melbourneit.com.au
Tue Jul 18 03:02:19 UTC 2006

Hello All,

While considering the proposed WHOIS motion, it may be worth considering
some of these principles from the OECD Guidelines on the Protection of
Privacy and Transborder Flows of Personal Data.


**Collection Limitation Principle 

There should be limits to the collection of personal data and any such
data should be obtained by lawful and fair means and, where appropriate,
with the knowledge or consent of the data subject.

**Data Quality Principle

Personal data should be relevant to the purposes for which they are to
be used, and, to the extent necessary for those purposes, should be
accurate, complete and kept up-to-date.

**Purpose Specification Principle 

The purposes for which personal data are collected should be specified
not later than at the time of data collection and the subsequent use
limited to the fulfilment of those purposes or such others as are not
incompatible with those purposes and as are specified on each occasion
of change of purpose.

**Use Limitation Principle 

Personal data should not be disclosed, made available or otherwise used
for purposes other than those specified in accordance with Paragraph 9
[ie paragraph above] except:

a) with the consent of the data subject; or

b) by the authority of law.

**Security Safeguards Principle 

Personal data should be protected by reasonable security safeguards
against such risks as loss or unauthorised access, destruction, use,
modification or disclosure of data.

**Openness Principle 

There should be a general policy of openness about developments,
practices and policies with respect to personal data. Means should be
readily available of establishing the existence and nature of personal
data, and the main purposes of their use, as well as the identity and
usual residence of the data controller.

**Individual Participation Principle 

An individual should have the right:

a) to obtain from a data controller, or otherwise, confirmation of
whether or not the data controller has data relating to him;

b) to have communicated to him, data relating to him
within a reasonable time; at a charge, if any, that is not excessive; 
in a reasonable manner; and in a form that is readily intelligible to

c) to be given reasons if a request made under subparagraphs(a) and (b)
is denied, and to be able to challenge such denial; and

d) to challenge data relating to him and, if the challenge is successful
to have the data erased, rectified, completed or amended.

**Accountability Principle 

A data controller should be accountable for complying with measures
which give effect to the principles stated above.

Bruce Tonkin

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