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________________________________
From: 80n [80n...@gmail.com]
Sent: 26 August 2011 10:47
To: Barnett, Phillip
Cc: Jim Brown; talk@openstreetmap.org; Ed Avis
Subject: Re: [OSM-talk] [Osmf-talk] Membership applications from Skobbler 
employees


On Fri, Aug 26, 2011 at 10:22 AM, Barnett, Phillip 
<phillip.barn...@itn.co.uk<mailto:phillip.barn...@itn.co.uk>> wrote:

On Fri, Aug 26, 2011 at 1:13 AM, Barnett, Phillip 
<phillip.barn...@itn.co.uk<mailto:phillip.barn...@itn.co.uk>> wrote:

Well, this is a sideshow to the main debate, but you are still not revealing 
personal data, merely a fact about some or all members of a group. You are 
clear to do this under the UK Data Protection Act. I can say '"Most of the 
voting population of the UK live in this country" and you can cross-refer to 
the UK electoral register, for names and addresses, but that doesn't mean I've 
released the personal details of 40 million people!

In this instance, Cloudmade were releasing personal data. But since they're not 
under UK law,  the fact that they released their own employees names and faces 
and email addresses is presumably between them, their employees, and the US 
government.

>The data point that we would have been revealing is that these people were 
>members of OSMF.  >Membership of an organisation is personal information and 
>we did not want to leak that information in >any form whatsoever.

From the legislation guidance notes
"An individual is 'identified' if you have distinguished that individual from 
other members of a group. In most cases an individual's name together with some 
other information will be sufficient to identify them."
http://www.ico.gov.uk/upload/documents/determining_what_is_personal_data/whatispersonaldata2.htm


So if you had said that a large number of applications had been made from Apple 
employees, then since we have no way of knowing whether every single Apple 
employee, up to and including the janitor, had made an application to join, we 
are not be able to reverse-engineer the membership status of any individual 
employee, and so this is not 'personal' information but aggregate group 
information.

And therefore the Data Protection Act doesn't come into it.
Phillip






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