Information Commissioner’s enforcement proceedings links Article 8 to unlawful processing.
Gosh, crumbs and crikey! Talk about the “Road to Damascus”. The Information Commissioner, in his Enforcement Notice issued to Southampton City Council in July, has made an express link between Article 8 of the Human Rights Convention and lawful processing under the First Data Protection Principle. Furthermore, Southampton has appealed the Notice; this means the Tribunal should hear arguments about Article 8 and adjudicate, in detail, on how Human Rights and Data Protection legislation interact. I have often moaned (and moaned) about the fact that the Commissioner does not do “lawful” processing (see references). However, a stinging judgment in the...