ENG201 Assignment #1 Spring 2013 (25-4-2013)

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ENG201 Assignment #1 Spring 2013 (25-4-2013)

Q2 ans:
1. Explict
2. positive
3. gossip
4. Sound
5. Noise
What does explicit mean and why is it necessary?

Personal data must be collected for explicit purposes. The purposes of collection must not only be specified in the minds of the persons responsible for data collection. They must also be made explicit. In other words, they must be clearly revealed, explained or expressed in some intelligible form. It follows from the previous analysis that this should happen no later than the time when the collection of personal data occurs. The ultimate objective of this requirement is to ensure that the purposes are specified without vagueness or ambiguity as to their meaning or intent. What is meant must be clear and should leave no doubt or difficulty in understanding. The specification of the purposes must, in particular, be expressed in such a way so as to be understood in the same way not only by the controller (including all relevant staff) and any third party processors, but also by the data protection authorities and the data subjects concerned. Particular care should be taken to ensure that any specification of the purpose is sufficiently clear to all involved, irrespective of their different cultural / linguistic backgrounds, level of understanding or special needs. The requirement that the purposes be specified 'explicitly' contributes to transparency and predictability. It allows unambiguous identification of the limits on how controllers are able to use the personal data collected, with a view to protecting the data subjects. It helps all those processing data on behalf of the controller, as well as data subjects, data protection authorities and other stakeholders, to have a common understanding of how the data can be used. This, in turn, reduces the risk that the data subjects' expectations will differ from the expectations of the controller.

In many situations, the requirement also allows data subjects to make informed choices

–for example, to deal with a company that uses personal data for a limited set of purposes rather than with a company that uses personal data for a wider variety of purposes.

As background, we note that the word 'explicit' has not been translated with identical meaning into the different language versions of the Directive.

In some versions the requirement appears to focus more clearly on the end result: on the objective that the purposes must be unambiguous, and that they must be understood in the same way by all concerned. In other versions, the focus is on the method of how this end result is to be achieved: on the requirement that the purposes must be clearly expressed and explained.