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ARTICLE · 27 SEPTEMBER 2013

UK Information Commissioner's Office Clarifies Rules For Social Networking And Online Forums

The DPA does not apply when personal data is processed by an individual for the purposes of their personal, family or household affairs.

United KingdomPrivacy

In June 2013, the UK Information Commissioner's Office (ICO) published new guidance entitled "Social networking and online forums—when does the DPA apply?" (Guidance). The document explains what must be considered by organisations that run social media sites, as well as by individuals who upload or download personal data from online forums, social networking sites, message boards, or blogs.

The DPA does not apply when personal data is processed by an individual for the purposes of their personal, family or household affairs. The Guidance makes it clear that the "household exemption", which permits an individual to process personal data for his or her own use, does not apply to organisations, even if the organisation uses an employee to undertake the processing through his or her personal networking page. Individuals and groups of individuals (including clubs or societies) may only rely on the exemption if they process the data merely for domestic purposes.

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