ABSTRACT
The view of the Information Commissioner in the 2000 guidance is that the
publication of personal data on a website will almost certainly involve transfer to
countries outside the UK, 3
although there is a problem in that the transfer does not
take place until the web pages are accessed from a transferee country. However, since
the European Court of Justice (ECJ) decision in the Lindqvist 4
case it is arguable
whether or not the publication of personal data on a website constitutes a transfer. Mrs
Lindqvist was an active church parishioner in Sweden. To disseminate information of
interest to other parishioners, Mrs Lindqvist set up an Internet website. Included on
the website were personal details relating to fellow parishioners and Mrs Lindqvist was
found to be processing personal data in breach of Swedish data protection law. One of
the points in issue was whether or not the publication of personal data on the website
a worldwide transfer. The ECJ held that publishing personal
the website did not amount to a worldwide transfer; it would be a transfer only if the
information was sent to Internet users who did not intentionally seek access to the
website pages. Most authorities think this decision is wrong and it should be treated as
an aberration.
