On Fri, 7 Dec 2001, Simon Byrnand wrote:
Under the Privacy Act, anyone is entitled to ask for information held about them on a database (a Web site qualifies as such under the Act IIRC) to be corrected or amended, or deleted should the information no longer have any purpose in being stored.
[snip]
Nice argument, except for the fact that the list archives are *archives* not a database.
That's irrelevant. The act applies to "Any writing on any material" and "Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored" amongst other things. He has a right to access, correction and removal of the information after a reasonable time. If refuse to correct the information he can ask for a statement to be attached to it, and forwarded to people who have accessed the information. Moving the archive off shore won't help either if the information is "held by" a New Zealand agency. I.E. if the list is a UoW list but someone else hosts the archives it's probably still covered.
Is an old newspaper considered a database just because it might have information on people? (no, its an archive) no difference here. The list archives are just an automated, electronic version of what librarians have been doing with newspapers for years - archiving articles for future record.
I believe old newspapers are covered by the act. The act is at: http://rangi.knowledge-basket.co.nz/gpacts/public/text/1993/an/028.html As a member of the university, I'd like to see the Waikato archives adopt a policy of removal on request. If we don't someone in the University administration is libel to see a law suit and panic. We could easily end up with a blanket ban on list archives. That doesn't stop someone else, totally independently of the University, archiving the list. Or someone else hosting the list all together. Tony ---------------------------------------------------------------------------- Tony McGregor Mail: T.McGregor(a)cs.waikato.ac.nz Department of Computer Science Phone: +64 7 838 4651 Waikato University Fax: +64 7 858 5095 Private Bag 3105 Home: +64 7 825 5040 mobile: (021)313004 Hamilton, New Zealand www: http://www.cs.waikato.ac.nz/~tonym ---------------------------------------------------------------------------- - To unsubscribe from nznog, send email to majordomo(a)list.waikato.ac.nz where the body of your message reads: unsubscribe nznog