text:
Ask a Law Question, Get an Answer ASAP!
John my name is ***** ***** I will help you with this.
Did you seek advice before you signed the contract?
Was this signed as a business please?
No. we are a chiropractic clinic and we introduced ourselves to the NHS and offered ourselves / services as we were aware that they did not have our service and thus could provide patient choice.
The initial contract was undertaken as a pilot study which allows them to offer a 12 month contract without a very detailed layer of verification of ourselves. This pilot study was just extended year on year. I understand that they should not really have done that but it seemed to satisfy both parties.
The contract allowed 15 GP practices to refer direct to us. Then an MSK Pathway was devised which allowed Gp's to use an algorithm that meant continuing to refer direct to us, or to consult via phone a GP with special interest in musculoskeletal care, or thirdly to have to refer direct to the GP with special interest who could then refer to us. This was adopted without a contract amendment in October 2010. Then the MSK Pathway was changed to a Triage and this is when the contract was subsequently amended and GP's were told to refer direct to the Triage team and not direct to us. However, many GP's still referred to us. Sadly the Triage team refer on very few patients to us.
I assume as a practice you did not take advice on the contract?
No. The terms of the contract were all acceptable to us. The issue is whether as a convention of a better word, the change should have been flagged up clearly.
Sadly as you are not a consumer then you have less rights. This means that before you sign a contract you should read it and make sure you are happy with the terms and conditions.
It they had represented the terms were the same, when they were not then that is a different mater
But on the basis you had the contract, you could have read and taken advice on it
You are deemed to be bound and have read the conditions
Sadly therefore the responsibility is on you to read them, unless they said the contract remains the same
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything about this today please?
In what way would they have represented the terms being the same. Is it not possible to argue that as it was the continuation of a previous contract that it is implicit that it is the same unless they notify you otherwise?
No. You had a 12 month contract
Therefore if there is a new contract to be signed, you need to check the terms.
You are in business and if you took it to Court a Judge would say, did you read it?
If the answer is no, then sadly the Court would not find
I assume they just wrote, enclosed a copy and asked you to sign
I assume they didnt say - these terms are the same as the contract previously signed
Does the fact that we continued to work under a contract that, by the dates therein, legally finished at the end of October and were continued to be remunerated monthly, nine month period after its legal completion not blur the edges a bit and make one believe that contract was to be as the previous two?
but its not contract. Its a new one. You agree that it was not read and assumed the terms were the same. Thats the problem.
People could get out of contracts by saying they didnt read the terms which would defeat the whole point of a contract
As a business you are sadly expected to read contracts before signing them
I am sorry
No I understand the pertinence of the last point. Maybe it is semantics but the only way that the contract could be renewed was if it was a continuation of the pilot study. Does that give any validity to my erroneous assumption?
Sadly not. Maybe up until the point you re-signed. But once you signed the new contract the new terms took effect.
I am sorry I can't give you the answer you want, but I do have to be truthful
Alex I do understand the importance of you laying it out as it is. So anyone who does flag up any amendments is just doing it as a generosity
Yes. There is no duty to flag up amendments.
As someone who is in business the level of understanding and reading a contract is far higher
Oh ok. And any ambiguity created by the events that happened leading up to this situation have no relevance because the terms within the contract are the sacrosanct point. Sorry If you feel I have been trying to eek out a different opinion from you but it has cost us a substantial amount of money and as it stands lead to the closure of what was a very successful 12 year old business. Thanks speed of response though Alex.
Happy to help. Can I clarify anything else today? I am sorry business
No I don't think so. Thank you thoughts.
Thank you. If I could ask you to rate my service before you go today, the button should be at the bottom of the screen
If you need more help please click reply
If this answers your question could I invite you rate my answer before you leave today.
If the system won't let you please click reply.
Please bookmark my profile if you wish help: http://www.justanswer.co.uk/law/expert-alexwatts/


text:
What does KHR mean in Currencies?
This page is about the meanings of the acronym/abbreviation/shorthand KHR in the Regional field in general and in the Currencies terminology in particular.
Cambodia Riel
Find a translation for KHR in other languages:
Select another language:
Discuss this KHR abbreviation with the community:
Use the citation below to add this abbreviation to your bibliography:
"KHR." Abbreviations.com. STANDS4 LLC, 2018. Web. 17 Mar. 2018. <https://www.abbreviations.com/term/186>.

subset: commoncrawl


text:
Rebels visit Green Wave in Week 4 battle
Mississippi Rebels vs Tulane Green Wave Odds
Tulane looks to cover the Green Wave-Rebels point spread this week and improve its overall 0-2 mark when they host Mississippi in Week 4 action.
They battle the Rebels, currently with a 2-1 mark (2-1 ATS). The over under records, important for totals bettors, are 0-2 for the Green Wave and 1-1 for the Rebels.
View Mississippi vs Tulane Odds and Stats.
Power Rankings / Prediction: The power rankings show a disparity between these teams, with the Green Wave rated this week at No. 77 and the Rebels sitting at No. 82. It may or may not play a role in OddsShark score prediction models that turned out a 31-5 result in favor of the Rebels this week.
How They Match Up:
Offensively, the game matches up Tulane's No. 120-ranked offense (11 PPG) against a Rebels defense that ranks No. 100 at 34.3 PPG. The Green Wave passing attack has averaged 212 yards per game, less than the Rebels give up through the air (282.3 YPG on average).
Last time out for Mississippi, they were a 66-31 loser as they battled Texas at home. Mississippi failed to cover in the match as a 10.5-point underdog, while 97 combined points moved the game OVER for totals bettors. In their last gridiron battle, Donte Moncrief did much of the damage, producing 144 receiving yards but Mississippi managed to defeat the Rebels 66-31 at Vaught-Hemingway Stadium.
Last time out for Tulane, they were a 45-10 loser as they battled Tulsa on the road. Tulane failed to cover in the match as a 22-point underdog, while 55 combined points moved the game UNDER for totals bettors. In their last gridiron battle, Ryan Grant did much of the damage, producing 109 receiving yards but Tulane managed to defeat the Green Wave 45-10 at Chapman Stadium.
Mississippi Rebels Trends:
When playing in September are 5-5
When playing on turf are 3-7
After being outgained are 2-8
When playing outside the conference are 7-3
Tulane Green Wave Trends:
When playing in September are 4-6
When playing on turf are 0-10
After being outgained are 1-9
When playing outside the conference are 3-7
A few Rebels at Green Wave trends to consider:
Mississippi is 2-6 ATS in its last 8 games
Mississippi is 2-8 SU in its last 10 games
Mississippi is 1-4 ATS in its last 5 games on the road
Mississippi is 1-8 SU in its last 9 games on the road
The total has gone UNDER in 6 of Tulane's last 9 games
The total has gone UNDER in 4 of Tulane's last 6 games at home
Tulane is 8-15 ATS in its last 23 games
Tulane is 2-6 ATS in its last 8 games at home
Next up:
Mississippi at Alabama, Saturday, September 29
Tulane home to Louisiana-Monroe, Saturday, September 29


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People at Savannah: Rene Stolle Profile
Follows the Profile of Rene Stolle <stolle>.
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Member since Thu 07 Jun 2001 02:50:53 AM UTC
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text:
Thousands lose power across the region during snowfall
More than 8,500 people are without power around Hampton Roads as the winter weather system moves through.
More than 8,500 people are without power around Hampton Roads as the winter weather system moves through.
No one was injured, but all westbound lanes were blocked by the tractor-trailer.
The former owner of Sea-Thru Windows was found not guilty of a criminal charge Monday in Suffolk court.
Chris Powers, owner of Aqualantic Pools, was the focus of a WAVY News 10 Investigation earlier this year.
A travelling exhibit stopped at the U.S. Army Transportation Museum at Joint Base Langley Eustis and will be back in town next weekend.
This newly formed outreach program is hoping to improve local communities one individual at at time.
Stephanie Cooke takes a look at the highly anticipated film adaptation of Madeline L'Engle's timeless novel.
A man in the country illegally is facing federal charges after investigators say he had a rifle with a scope, bipod and bumpstock in a hotel…
Breakfast and served to you and your group at Jason's Deli.
Great fitness advice by the professional trainers at Onelife Fitness.
Abraham Lincoln brings historical reenactment to elementary school students at the Mariners' Museum.
A judge ruled Monday that a New Hampshire woman who won a Powerball jackpot worth nearly $560 million can keep her identity private, but not…
NDOT says the work is part of a $16.7 million project aimed at extending the life of the 58-year-old bridge.
Base officials say more than 50 employees will be on-hand for jobs ranging from law enforcement to computer technology.
Four Americans, including double gold medalist Kendall Gretsch, have a chance to win their third medals of the 2018 Games, and the U.S. sled…
A popular bar in Ocean View may be closing its doors after being in business for nearly 40 years.
Police say 44-year-old Owen Thomasson was driving under the influence back in October and hit two utility poles, two mailboxes and a bush, t…
Hampton has agreed to a undiscolosed fine for failing to meet that deadline.
Norfolk Premium Outlets is adding another retailer to its ever-growing roster.
GANGNEUNG, South Korea (AP) — The most talked-about athlete in the Paralympics barely plays, but who cares? The diminutive but hard-nosed re…
Team USA's strong showing at the 2018 Paralympics continued with six snowboard cross medals and another sled hockey shutout. Here's a full l…
A developer showed interest last year in preliminary drawings from a surfer in Virginia Beach. Who is Alec Yuzhbabenko?
An island that formed off Cape Point in the Outer Banks last summer is no more.
The selection committee didn't do the Cavaliers any favors on their side of the bracket.
The perfect storm sank Old Dominion's postseason chances.
The Hoos will head south to Charlotte, while the Hokies will head north to Pittsburgh.
A week after a failed post-race inspection, Harvick got his payback in the best way.
A video of a Waffle House worker went viral after she did a good deed. Now, it's coming full circle.
Claire's, like other retailers, has struggled to compete with online shopping.
The historic church caught fire back in January, leaving the steeple and sanctuary with significant damage.


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1. She loves the world for being rude and indestructible, and she knows that other people must love it too, poor as well as rich, though no one speaks specifically of the reasons. Why else do we struggle to go on living, no matter how compromised, no matter how harmed? Even when we're further gone than Richard; even if we're fleshless, blazing with lesions, shitting in the sheets; still, we want desperately to live.
Clarissa Vaughn thinks this to herself as she walks through the park on the way to buy flowers. Clarissa wonders how people maintain such a strong will to live even in the face of unspeakable suffering. She thinks that all people want desperately to live, even when they are as sick as Richard. Clarissa views the human spirit as indestructible, which makes Richard's eventual suicide all the more shocking and devastating. Seeing all the people around her enjoying the park inspires Clarissa's humanist thoughts. Like Virginia Woolf, who longs to return to London, Clarissa equates the city with life itself. They both see the city as a place where they are truly alive, where the vibrancy and rudeness of the energy around them feel sustaining and revitalizing.
Clarissa and Virginia's experiences with the city, whether loving it or longing for it, contrast sharply with Laura Brown's. Laura goes to downtown Los Angeles only to check into a hotel and be alone. Laura's wistful thoughts of suicide, an act which she compares to "walking out into a field of brilliant snow," are the opposite of Clarissa and Virginia's desires for the muddled, rude nature of life. Laura is not "further gone than Richard," she is not "blazing with lesions." Objectively, she seems to have a comfortable and satisfying life. But Laura still feels stifled and unsatisfied and contemplates taking her life. Clarissa's belief that life is full of meaning and promise cannot account for Laura's pessimistic worldview. To some extent, Clarissa is naïve about the realities and struggles of human existence. Her overall optimism contrasts with Laura's dark considerations of her life and the ways she might escape it.
2. Even if the door to the trailer had opened, the woman inside, be she Meryl Streep or Vanessa Redgrave or even Susan Sarandon, would have been simply that, a woman in a trailer, and you could not possibly have done what you wanted to do. You could not have received her, there on the street; taken her in your arms, and wept with her. It would be so wonderful to cry like that, in the arms of a woman who was at once immortal and a tired, frightened person just emerged from a trailer.
Clarissa has just caught a glimpse of a movie star in her trailer, which causes her to ponder the sense of immortality that comes with fame and recognition. Clarissa believes that fame brings reassurance and that famous people avoid the fear that they may be forgotten completely. She longs to be remembered and feels terrified that her whole life will no longer have value or meaning if she is forgotten. The embrace that Clarissa desires echoes the various embraces that occur between women at several points throughout the book. While her desire to fall into the arms of the star and weep with her may seem strange, Clarissa believes that she would be able to transcend boundaries and connect with that person's essence.
Laura shares an intimate kiss with Kitty, which makes her feel as though she can see inside her neighbor, an experience that rattles her for the rest of the day. The kiss between Virginia and her sister Vanessa is the catalyst for Virginia's revelation about the Mrs. Dalloway character. Virginia feels a thrilling, forbidden strangeness during the kiss and decides to make such a kiss the centerpiece of her character's life. Though the various' characters sexual identities resist definitive identification, these intimate moments with women form the various emotional climaxes of the book. The embraces are not purely romantic or sexual, but instead they provide moments of intimacy and connection that lead each character to important revelations about her life.
3. She can feel the nearness of the old devil (what else to call it?), and she knows she will be utterly alone if and when the devil chooses to appear again. The devil is a headache; the devil is a voice inside a wall; the devil is a fin breaking through dark waves. The devil is a brief, twittering nothing that is a thrush's life. The devil sucks all the beauty from the world, all the hope, and what remains when the devil has finished is a realm of the living dead—joyless, suffocating.
Virginia has deep sensitivity to the world around her, and while this allows her to experience moments of profound joy, she also feels the struggles with her mental illness more intensely. She cannot be like Clarissa, clinging tightly to life, because she fears that there are outside forces conspiring against her. The "devil" that she describes is her own depression, which feels like an alien and frightening force. Mental illness takes an individual's personality and distorts it, and Virginia loses control over her actions and emotions when she feels the devil creeping back.
At this point, Virginia has learned to fear the "devil," and when he "chooses to appear," she feels completely at his mercy. At the same time, in the face of this devil, her depression, she falls back on her mastery over writing to describe it and keep it at bay. Her thought process about her horrifying experience sounds beautiful, and there is a contrast between the lyricism of the words and their darker meaning. Virginia has a troubled relationship with her demons, and she ultimately loses her battle with mental illness. She fights to control her pain through her force of will and by channeling her energy into writing, but in the end she chooses to take her own life. Though The Hours describes one of Virginia's better days, this passage hints at the demons she battles every day and finally loses to when she commits suicide.
4. What I wanted to do seemed simple. I wanted to create something alive and shocking enough that it could stand beside a morning in somebody's life. The most ordinary morning. Imagine, trying to do that. What foolishness.
Richard attempts to evaluate his life's work as he faces his own mortality and wrestles with his failures at truly capturing the complexity of life in his art. As his mind deteriorates, he feels increasingly that he has not succeeded in his project of perfectly rendering in his writing a single morning in a person's life. Richard's frustration is ironic, given that both Virginia Woolf's Mrs. Dalloway and Michael Cunningham's The Hours attempt to do just that. In Mrs. Dalloway, Woolf attempts to create a whole portrait of a person by telling a single day in her life; in The Hours, Cunningham attempts to create three individual portraits by telling of a single day in the three lives.
Like Cunningham's book, Richard's book includes meticulous literary description of short periods of time. Richard's book about Clarissa Vaughn includes a full chapter about a trip in which Clarissa shops for nail polish and decides not to buy any. Louis thinks that Richard's ambition is ridiculous and wonders what could be so fascinating and engrossing about an ordinary morning. Some of Louis's anger obviously stems from jealousy, in that Richard found Clarissa's morning interesting enough to catalog in such detail. Indeed, Richard finds Clarissa interesting enough to make her into a character that can fill an entire book, perhaps because he feels so moved by how much she relishes her life. Despite the fact that Richard feels that he has failed in his artistic project, his comments call attention to the project of rendering an ordinary life in literature. And despite the fact that he feels as if he has failed, he has a deeper appreciation for Clarissa's outlook on the world and the way she experiences her life.
5. Yes, Clarissa thinks, it's time for the day to be over. We throw our parties; we abandon our families to live alone in Canada; we struggle to write books that do not change the world, despite our gifts and our unstinting efforts, our most extravagant hopes. We live our lives, do whatever we do, and then we sleep—it's as simple and ordinary as that.
This passage comes at the very end of the book, after the primary narrative threads have been wrapped up. Clarissa's musings serve as a summation of the characters. All the dramas of their lives, which have played out over the course of three individual days, have drawn to a close. But even though we know the outcomes of the lives, we don't see how the characters get there: Laura attempts suicide and leaves her family, but we don't see this happen. Virginia gets to return to London, but Cunningham does not describe what happens in the years between the day he describes and her suicide. Clarissa's future is uncertain as well. This passage puts everything in perspective. Even daily events as drastic as "abandoning our families to live alone in Canada" feel minuscule, because they happen to so many people every day. Clarissa acts as a kind of Greek chorus, summarizing the main action of the book. Though some of the journeys and outcomes remain unclear, in the end all people are alike, doing what they must to get through their days until they can sleep forever.
Take a Study Break!


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Thread: Traffic Master - Robert Szeleney
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Traffic Master - Robert Szeleney
The Traffic Master - Robert Szeleney App has been provided to you by Budget101.com
Traffic Master
Robert Szeleney
Genre: Games
Release Date: March 01, 2011
***Free for two days only! Get it now until price is back to normal**** You think managing traffic is easy? It is until rush hour!
Manage traffic on various different crossroads by either stopping or accelerating cars, trucks, busses, motorbikes, etc. Try to keep the traffic running as long as possible and try to avoid any crash. But if you can't, be pleased with amazing spectacular full speed crashes with realistic physics, fire and sparks all in high definition!
****From the makers of Stick Stunt Biker, Line Runner, Rope'n'Fly and RunStickRun ****
- 3 crossroads with different difficulty levels
- Crossroads with up to 16 lanes
- Physic engine for realistic car crashes with braking marks, smoke, sparks, etc.
- Retina graphics
- Mass collisions and spectacular crashes
- Universal app, play on iPod, iPhone and iPad. All devices supported
- Full offline and online highscore leaderboard
- Get new crossroads with free updates
See Traffic Master in action:
v1.2 has been submitted to Apple for review!
Thank you very much for all your support and interest in our Games! We would love to hear your suggestions for the next update!
© Robert Szeleney and Heiko Hufnagl
Free Apps are usually available for less than 48 Hours, because of this, all threads are automatically closed to additional comments/responses at that time.~Enjoy!~
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text:
Ravens' Super Bowl Win, Safety Combine to Deal Las Vegas a Loss
The safety taken by Baltimore punter Sam Koch with four seconds left in the Ravens' 34-31 Super Bowl victory over the San Francisco 49ers was one final blow in what may have been a losing night for Las Vegas bookmakers.
The Las Vegas Hotel's Super Book was among those in Nevada that had the majority of bettors wagering on the underdog Ravens and a high-scoring National Football League title game.
Baltimore held on for the win last night at the Superdome in New Orleans to cover a point spread that moved to +3 1/2 points from +5, while the 65 combined points easily eclipsed the oddsmakers' over/under of 49 points. It was the second Super Bowl in which both teams scored more than 30 points.
"The Ravens' outright win and the over was our book's least desirable outcome," LVH Super Book assistant manager Jeff Sherman said in an e-mail.
The late safety just added to the misery.
Most sports books offer an extensive list of proposition bets and whether a safety will be scored in the Super Bowl is regularly among the most popular. When Koch ran crucial seconds off the clock before stepping out of the end zone and giving the 49ers two points it marked the second straight year there's been a Super Bowl safety. Before last season's title game, there were six safeties in the previous 45 years and a winning $100 wager on that prop bet at the LVH Super Book would have returned $900 plus the initial stake.
"The safety prop was not good for the books," Sherman said. "Especially after coming in the previous year, it was well supported again this year."
$10 Billion
More than $10 billion was projected to be wagered on the Super Bowl worldwide, according to Las Vegas-based handicapping information website Pregame.com, with less than 1 percent of that total bet legally in Nevada.
Nevada's sports books, most of which are located in Las Vegas and Reno, have made a profit on the Super Bowl in 20 of the past 22 years, according to the state's Gaming Control Board. Last season, a total of $93.9 million was wagered on the New York Giants' Super Bowl victory -- the second most in history -- and Nevada's sports books won $5.06 million. This year's results will be disclosed later this week.
The last time Las Vegas failed to make a profit on Super Bowl wagers was after the Giants' upset win over the previously unbeaten New England Patriots in 2008, when Nevada sports books lost a combined $2.6 million.
Baltimore Lead
Baltimore last night opened a 28-6 third-quarter lead and then withstood a 49ers' comeback that started after a power failure that caused a 34-minute delay at the Superdome. The Ravens, led by linebacker Ray Lewis, used a defensive stand in the closing minute to deny San Francisco a go-ahead touchdown and hold on for their second Super Bowl title.
The Ravens won their final three postseason games as underdogs, and the NFL's newest champions won't be Super Bowl favorites heading into next season.
The Patriots are listed as the 7-1 favorites, according to Pregame.com, followed by the 49ers and Denver Broncos at 8-1. The Green Bay Packers have 10-1 odds, while the Ravens and Houston Texans are tied for fifth at 14-1.
To contact the reporter on this story: Erik Matuszewski in New York at firstname.lastname@example.com
To contact the editor responsible for this story: Michael Sillup at email@example.com


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marsha cash of st clair shores where are
have exausted all my leads looking for a marsha cash,age would be around 60 married a jack redford late 50,s not sure but think marriage was annulled in wayne county.they had a daughter namedlisa kay, she would bearound 41 to-day. marriage records are down town [probate court] went down to find out a bout marriage was told records are sealed. would have to get permission from a judge to get them open. can some one please tell me why marriage records would be sealed. i thank you in advance.if you have any info you can help me with please e mail firstname.lastname@example.com


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17 November 2008
Hazel Grant
Then and nowWe have seen significant changes in the law and practice of data protection between 1998 and 2008. In 1998, it is probably fair to say that data protection was seen as a mundane and administrative task: principally equating to a need to register with the Data Protection Registrar, completing a tedious form and paying for a 3 year registration certificate. Cases and guidance at that point related mainly to host mailing or other direct marketing practices1. Data protection would hardly have featured on the agenda of board meetings or been a subject of government reviews and guidance.
Data protection is now seen as requiring end to end compliance throughout an organisation and, through various means, has climbed up the agenda: data protection (and privacy) is considered by the Cabinet Office2, within major businesses3 and in our newspapers4. Ministers and chief executive officers now concern themselves with data protection compliance.
So what has changed over the last 10 years? In this article we look at some, but not all, of the major issues in data protection now and consider how these have changed since 1998.What is personal data?
To those outside the data protection world it must seem incredible that we are still debating the central issue in data protection: what are we trying to protect? In 1998 we were still operating under the Data Protection Act 1984 (the 1984 Act): it was not until 1 March 2000 that the Data Protection Act 1998 (the 1998 Act) came into force (in its most significant parts). The 1998 Act implemented the Data Protection Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the Data Protection Directive).
Although the change from the 1984 Act to the 1998 Act did result in differences in the scope of the definition of "personal data", these have not, with one exception, been subject to any subsequent debate. The major differences in this definition between the two Acts can be summarised as follows:
The second of these changes is the most significant. The inclusion of a likelihood test in the definition causes problems in practice for data controllers. It has often caused debate in data protection circles leading to detailed and complex guidance from the Information Commissioner's Office5 (the data protection authority in the UK) and the Article 29 Working Party6 (a EU data protection "think tank" composed of representatives of the Member States' data protection authorities).
Apart from this detailed and complex guidance on the issue of what is personal data, the UK courts have opined on the question. To make matters more complex, the courts and the data protection regulators have taken divergent views.
In Durant v FSA7 the Court of Appeal considered the definition of personal data and gave judgment on two elements, first, the phrase "relates to" and second, the definition of a relevant filing system8. The court's comments on the phrase "relate to" have been the most controversial. Mr Justice Auld set the tone of the judgement by stating that: "Mere mention of the [individual] in a document held by [an organisation] does not necessarily amount to his personal data."
In its judgment the court gave two relevant considerations when looking at the phrase "relating to":
"Whether the information is biographical in a significant sense, that is, going beyond the recording of the [individual's] involvement in a matter or an event that has no personal connotations, a life event in respect of which his privacy could not be said to be compromised"; and
"The information should have [the individual] as its focus rather than some other person with whom he may have been involved or some transaction or event in which he may have figured or have had an interest, for example, as in this case, an investigation into some other person's or body's conduct that he may have instigated".
In summary, the court viewed this type of information as "information that affects [a person's] privacy, whether in his personal or family life, business or professional capacity"The case related to a Barclays Bank customer, Mr Durant, who had been involved in unsuccessful litigation against the bank. Mr Durant made a request to the FSA to attempt to access files held by the FSA relating to its investigations into Barclays Bank. Mr Durant had hoped that those files would assist him in pursuing his complaint against Barclays. The Court of Appeal held that the information being sought by Mr Durant did not "relate to" him. This case was held up by data controllers as a significant and useful decision limiting the previously expansive view of personal data. Prior to this case it was generally understood that any mention of an individual would, in practice, be their personal data. This case appeared to turn that view on its head.
Subsequent cases followed the same approach as in Durant. Johnson v MDU9 related to a request by a surgeon, Mr Johnson, for information held by the Medical Defence Union in connection with his own membership and therefore his professional negligence insurance. In this case, Laddie J. held that not all the files held amounted to his personal data. Again Laddie J. in Smith v Lloyds TSB10 decided that information held by Lloyds TSB related to a company, rather than the managing director and controlling shareholder. Mr Smith had attempted to access information about his company which was held by Lloyds TSB by using his personal rights under the 1998 Act.
This narrow version of personal data has now been followed in freedom of information cases. For example, in the Information Tribunal decision, Harcup v ICO and Yorkshire Forward11 , the Tribunal referred to the Durant case and held that the names and organisations of those attending corporate hospitality events did not constitute personal data. However, the names and organisations would have to remain unconnected to fall outside the definition of personal data.But this is not the end of the story. The Article 29 Working Party produced a paper on the concept of "personal data"12. This text is of course a compromise document. It has been produced by representatives from the data protection authorities of all the members of the EU and as a consequence reflects a divergent set of views of what is "personal data". That said, the document is clearly written and takes a logical and analytical approach to the definition of personal data in the Data Protection Directive. The opinion breaks down the definition into four key elements:
In summary, the Article 29 Working Party takes a wide notion of personal data but places a purposive construction on that definition. The aim behind having a definition of "personal data" is to protect fundamental rights and it should not be applied mechanistically. The phrase "relating to" is considered with 3 tests:
The phrase identified or identifiable is also reviewed. Identified means when, within a group, a person is distinguished from all other members of the group. A person can be directly or indirectly identified. It is important to note that the Article 29 Working Party does not think that a name is necessary: it is simply the case that a set of information about an individual can be distinguished from information about others. The Working Party specifically states that a merely hypothetical possibility to single out an individual is not enough. That would not be identifiable. Therefore, it should be possible to put in place technical or possibly legal means to prevent identification. This would allow information to be anonymised effectively and data protection obligations would not apply.
The ICO produced guidance13 on 21 August 2007 to follow on from the Article 29 Working Party's opinion. However, the ICO suffered from the problem of having to balance the UK caselaw (principally the Durant decision) with the Article 29 Working Party views. This has led to a difficult piece of ICO guidance. The guidance suggests that biographical significance and focus (the two considerations from Durant) are only important in non-obvious cases of relevance.
The latest and most significant decision in this area is the CSA v Scottish Information Commissioner14. Again, this is a case from the freedom of information world. A request was made to access information on childhood leukaemia in a particular ward in Scotland. Therefore the request was made under the Freedom of Information (Scotland) Act 2002 (FOISA). The request was rejected on the basis that, even if anonymised, the number of incidents of leukaemia was so low that it would be possible, in combination with other information, to identify individuals who were suffering from leukaemia. A possible solution would be to use the statistical method of barnardisation, which involves manipulation of numbers so that the overall figures are accurate but that individual cells are each changed such that it is not possible to identify individuals.
In this case the House of Lords noted that there is no presumption in favour of the release of personal data in response to the general obligation under FOISA. It considered the Durant decision and in particular comments by Auld LJ that mere mention of the individual in a document did not necessarily amount to his personal data. The House of Lords held that the observations in Durant did not have any relevance to the definition of personal data in this case. The answer to the issue was to be found in the wording of the 1998 Act's definition and the Data Protection Directive.
So, 10 years on and the definition of personal data is more clouded now than it was in 1998. In fact, perhaps we now have two definitions of "personal data": one for general use and one for dealing with cases where an individual requests his/her own personal data (i.e. subject access cases).Data protection compliance and red tapeUnder the 1984 Act data protection was predominantly seen as an administrative task, mainly requiring registration with the Data Protection Registrar and careful handling of information when carrying out direct marketing.
However, there have been some organisations where data protection compliance has been a barrier to good practice. For example, in 2003 British Gas quoted compliance with the 1998 Act as the reason why they had not notified the relevant authorities of a vulnerable retired couple who had been cut off from gas supply. The couple subsequently died, one from hypothermia and the other from a heart attack15. More recently, Marks & Spencer blamed the 1998 Act when a Marks & Spencer employee told the mother of a 7 year old that they could not talk to her about the delivery of her son's Superman suit because it would infringe his data protection rights.16
The ICO has urged organisations not to use data protection as a "duck out"17. A press release from 1 September 2008 lists a number of common myths and contrasts them with the reality. For example, on 30 September 2005 the Daily Telegraph stated that priests within the Roman Catholic Church were told to stop praying for sick parishioners by name, for fear that they would be prosecuted under the Data Protection Act. (In reality, the 1998 Act would not apply unless the details were recorded in some way, by tape or in writing, and on computer or in a filing system. In any event, as the ICO points out, most parishioners would be happy to have their name given out in these circumstances!)
The ICO continues to battle against the view of data protection as red tape and a barrier to good practice. Recent data protection losses have led to the heightened awareness of data protection as an issue and the need to ensure end to end data protection compliance in any business or organisation. In the government sector the National Audit Office and the Cabinet Office have produced guidance on information handling ensuring that as an issue this is much more prominent.18Security of personal data
No article in 2008 on the topic of data protection would be complete without a reference to the issue of security. As Richard Thomas, the Information Commissioner, said in 2007, there has been a "frankly horrifying" list of breaches19 over recent years. Again in 2008, reflecting on more data losses, Richard Thomas referred to the "toxic liability" which exists in information and requires organisations to take proper care of records20. A large number of these losses have been in the public sector, with HMRC losing 25 million records on 2 discs and the MoD losing 1 million records on a stolen laptop. The ICO has investigated and issued enforcement notices in both these cases21. In the financial services sector, the Financial Services Authority has investigated and fined organisations for loss of customer information and poor security procedures22. Nationwide Building Society received a fine of £980,000 for poor security procedures after a laptop was lost and it took 3 weeks for the organisation to determine the data on the laptop. Norwich Union Life was fined £1.3 million after it transpired that poor call centre security enabled fraudsters to cash in life assurance policies. There have been breaches outside government and the financial sectors, for example, in September 2008, the ICO found Virgin Media Ltd in breach of data protection following the loss of an unencrypted CD containing personal details of over 3,000 customers23.The 1998 Act does not contain any specific security obligations. Unlike other jurisdictions such as Spain, the security obligations in the 1998 Act are of a general level, requiring an organisation to take "appropriate technical and organisational measures …… against unauthorised or unlawful processing … and … accidental loss … destruction … or damage to personal data". In doing so, organisations must have regard to "the state of technological development … the cost of implementing any measures … the harm that might result [from the breach] … the nature of the breach to be protected". (See the 7th data protection principle in the 1998 Act).24This is a general statement of obligations not limited by listed technologies or standards and can therefore change over time. On the down side it is not specific and therefore can cause much confusion and difficulty for organisations trying to determine what their true obligations are. However, it has the advantage that the flexibility in drafting allows the level of security to vary depending on the information which is being protected and the risk which may result from disclosure. The 1998 Act contains some further statutory interpretation of these obligations including the requirement for an organisation to take reasonable steps to ensure the reliability of employees with access to personal data. In addition, an organisation appointing a processor must choose one who can provide sufficient security guarantees and take reasonable steps to ensure compliance. In practice, this means that organisations should be carrying out audits or at least have the ability to audit compliance. Organisations must have a specific written contract stating that a processor will act only on the instructions of the organisation and will adhere to security obligations referred to above.The ICO's security guidance has, in the past, been very general, advising organisations to control access to information, so that only those who need to see it do actually see it, and take care in staff selection and training25.More recently, following the data losses, the ICO has issued new guidance. Early in 2008, the ICO issued a view26 stating that encryption would be assumed on any laptops carrying personal data and that organisations should follow ISO27001 for their security policy and encrypt to FIPS140-2 standard or equivalent. If encrypted, the loss of a laptop would not need to be notified to the ICO, since it would be assumed that the information on the laptop would be protected.In most of the USA there are state laws requiring notification of any losses of personally identifiable information. Such security breach notification laws do not exist in the UK. The ICO has issued guidance on security breach procedures and when notification to the ICO would be recommended27. The ICO recommends a good practice notification of significant data loss events, such as the loss of information on 1,000 plus individuals or the loss of particularly sensitive information. At this stage, the ICO has not recommended security breach notification laws, since they question the benefits which would accrue28.It is possible to glean some useful lessons from the recent reports into government data losses. Cabinet Office Data Handling Report29 recommends, within government, strong governance work and notification of incidents in departmental accounts. This has no doubt contributed to the heightened awareness of data protection compliance within government. Government departments are reviewing contracts and procedures, NHS trusts are required to notify breaches in their annual reports and this will lead to greater awareness of the need to comply. Sir Edward Burton's report30 into the lost MoD laptop highlights the need for data minimisation: the recruiting officer using the laptop only needed a few records in order to carry out his job. However, due to the IT procedures followed the laptop had over 1 million records downloaded to it. Data minimisation is a particular theme being promoted by the ICO at present31.The HMRC loss was investigated by Kieran Poynter of PWC32. The Poynter report highlighted the need for improved staff training and accountability for information. The use of physical media such as disks should be phased out and encrypted electronic transfers should be used instead. The report also recommended the segregation of data, i.e. the disaggregation and removal of non-key elements so that only the essential items were available for any particular transaction of processing.Prohibition on transfers of personal data outside the EEAOne of the most significant changes in the 1998 Act was, after a reshuffling of the 8 data protection principles in the 1984 Act, the insertion of a new 8th principle. This new principle prevented the transfer of personal data outside the EEA33 unless adequate protection was shown for that transfer. At the time, there were debates34 that this would result in a trade war with the US and have a significant impact on global business. In the end a number of compromises were reached and implemented to enable the transfers to continue. It is probably fair to say that a large number of organisations ignored this prohibition for years as it was so difficult to comply. However, most if not all, organisations should now be aware of it and be using one of the compromise solutions.The solution most frequently used is that of an EU approved model contract35. These contracts permit the transfer of personal data outside the EEA where the parties sending and receiving the information sign up to the approved terms. There are two sets for the transfers between data controllers and one set for the transfer from a data controller to a data processor36. However, these contracts suffer from a number of problems. First, there is the complexity of use where there are multiple transfers, perhaps within a set of group companies. This would potentially require a contract for each transfer. In addition, in some jurisdictions inside the EU, local registration and/or notification and approval of the contract is required. In the UK there is no need to register, notify or obtain approval and therefore it is relatively simple. Finally, the terms of the contract are, in some cases, un-commercial, requiring a form of joint and several liability between the sender and the recipient of the information.Certain countries are approved as having an adequate set of local laws or procedures to protect information and consequently transfers to these countries can be made without any further compliance steps37. However, the list of countries is extremely small being: Argentina, Canada38, Guernsey, Jersey, Isle of Man and Switzerland. Transfers to the USA are permitted provided that the recipient is a member of the Safe Harbor arrangement39. US organisations which are regulated by the Federal Trade Commission (FTC) can promise to adhere to the Safe Harbor principles which, together with a set of frequently asked questions, are designed to ensure an equivalent level of data protection to that within the EU. Organisations are required to register their adherence to the Safe Harbor principles and carry out self regulation, backed up by enforcement by the FTC. With 1,619 organisations on the list as at the start of November 2008, this has been a great improvement on the early days when only a few hundred organisations were on the Safe Harbor list. Questions still exist over the effectiveness of Safe Harbor and the EU in particular has concerns that there have never been any investigations or enforcement relating to Safe Harbor compliance.40Organisations in some cases try to rely on some of the exemptions set out in Schedule 4 to the 1998 Act. These permit transfer where there is valid consent from the individual or where it is necessary for compliance with a contract either with the individual or at the instruction of the individual. Generally data protection regulators do not approve of the use of consent in these circumstances, since they would prefer a set of processes which protect the information whilst outside the EU, rather than obtaining the consent of the individual to the processing of the information without any protection41.Since none of these solutions are perfect, organisations have been seeking a practical solution for global businesses. Binding corporate rules (BCRs) were devised to meet this need. In this procedure, an organisation sets out the method by which it processes personal information and how it controls compliance by its employees and contractors. In effect, this is an internal data protection "law" within a group. An application is made to data protection regulators to approve the BCRs. If they are approved then transfers within the group and in accordance with the rules will be permitted. The process has been slow and there have been barely a handful of approved sets of rules42.In October 2008 data protection regulators in 9 countries (France, Germany, Ireland, Italy, Latvia, Luxembourg, Netherlands, Spain & the UK) publicised a mutual recognition procedure. Under this procedure if any one of the listed countries receives a BCR application and approves it, the others are committed to endorsing that approval. Although it appears that there is still some disparity of view within this group of 9, with some countries completely committed to mutual recognition and others stating that they intend to "work towards" mutual recognition. It is hoped that this mutual recognition procedure will kick start the approval process and encourage organisations to use BCRs.Enforcement and CompensationData protection enforcement in the EU varies greatly with some countries using criminal offences frequently and levying high fines and others taking a more "softly softly" approach. Traditionally, the ICO has tried to educate and encourage best practice, other than where the criminal offences of non-registration or the illegal sale of personal data have been committed43. More recently there has been a new enforcement strategy44 which indicated that the ICO intended to use selective enforcement, such that not every complaint would lead to enforcement. The ICO would co-operate with data controllers and other regulators and be prepared to "name and shame" defaulting organisations. The strategy listed a number of criteria for enforcement action such as the detriment being suffered, the number of people affected, the need to clarify the law and whether the remedial costs were proportionate.The ICO has powers to issue an enforcement notice, effectively an order requiring compliance45. The ICO is not a large organisation and the costs of running a formal enforcement have been great. Therefore, the ICO has in the last eighteen months commenced a process of using written undertakings46. These undertakings are then published on the ICO's website, using the "name and shame" principle. From the ICO's perspective the undertakings have a benefit, in that they are easier, quicker and cheaper to obtain. Organisations on the receiving end of undertakings have some opportunity to negotiate the wording, but cannot prevent them being published.47 The legal effect of these undertakings is unclear, since they are not regulated or referred to in the 1998 Act. The duration of the undertakings appears to be unlimited. In practice, the ICO will probably use them as evidence for any future enforcement, since the organisation affected could not claim that it was not aware that it was in breach, and as a deterrent to other organisations.The 1998 Act includes some criminal offences and sanctions. In the main, these relate to non-compliance with an enforcement notice or information notice, failure to notify or the deceitful obtaining of personal data. At present, the sanctions relate to an unlimited fine, community service or the possible personal liability of directors and officers48.By the end of 2008 there will be a major addition to the ICO's enforcement powers, which is likely to result in data protection compliance becoming even more important for UK organisations. Until now, the ICO has not had the power to fine or the power to carry out audits. As a result organisations might consider that the potential risks of data protection breaches are not material, when compared with the powers of the FSA or other regulators. However, by the end of the year Section 144 of the Criminal Justice and Immigration Act 2008 is likely to be in force. This section will amend the 1998 Act to enable the ICO to levy monetary penalties. The ICO has stated that they intend this to be a strong deterrent. We are presently waiting for implementing regulations and ICO guidance on how the penalties will be levied. The trigger for the penalties will be the deliberate or reckless breach of data protection principles which are serious and could cause substantial damage or distress.In 2006 the ICO issued a report, entitled What Price Privacy?, on the illegal trade in personal information. There is now potential for the Secretary of State to pass an order to include imprisonment as a sanction applying to breaches of Section 55 of the 1998 Act (i.e. the unlawful obtaining of personal data). The order would increase the present sanction (of a fine) to 12 months on summary conviction (6 months in Northern Ireland) and on indictment two years imprisonment. Prior to making any order there would need to be a consultation with the ICO, media and any other relevant person. This has been stated to be the "last chance" for the media. The ICO has serious concerns over the large number of breaches of the 1998 Act by journalists (or on their behalf) when preparing articles or news reports. If there is no improvement in this practice then the ICO will push to have the imprisonment sanction enacted.Where now for Data Protection?The debate over enforcement powers is not over, as the ICO would very much like to have the power to audit without consent. At present, the ICO may only audit if an organisation agrees to this. The Thomas-Walport Report of July 200850 called for increased ICO powers, including the power to audit without consent. The Ministry of Justice have consulted on this issue (and related changes to the 1998 Act) in July 200851 and there is a possibility of the change being implemented in the Law Reform Bill 2008. There is also a proposal for tiered notification fees, so that larger organisations will pay more than the present £35. This is intended to increase ICO funding to enable it to be better placed for enforcement action. The Data Retention Directive 2006/24/EC52 is due to be brought completely into force by 15 March 2009. We have already the regulations requiring the retention of data relating to calls (e.g. duration, phone numbers, phone service used, location of mobiles) for twelve months53. There are now proposals for a communications database in which all communications, including emails, would be retained by service providers for access by the Government54. The ICO is strongly against such a communications database55. Finally, there is the continuing development of privacy law and its inter-relation with data protection. Curiously, the 1998 Act does not contain the word "privacy". The right of privacy is encapsulated in Article 8 of the European Convention of Human Rights and this is brought into force in the UK by the Human Rights Act 1998. Under this Act courts, tribunals and other public bodies are required to act in a way that preserves and promotes this right (together with other fundamental rights)56. This has led to a series of decisions, mainly involving celebrities and the media, on the right of privacy. Often these decisions combine a claim for breach of privacy with a claim for a breach of the 1998 Act. The end result is therefore a merger of the two although frequently the privacy-related claim takes priority. In the UK, we have now reached a point where there is a right of privacy, which has been created, in effect, by the development of the law of confidentiality into a right to prevent the misuse of private information. In Murray v Big Picture UK Limited57 the Court of Appeal made authoritative statements on the tort of the misuse of private information and the relevant considerations where there may be a breach of privacy. This case concerned photographs of J.K. Rowling's son, David Murray, whilst he and his parents were in a public place. The court suggested that if publication of the photographs proved unlawful under Article 8 then this would also be automatically a breach of the 1998 Act. Sir Anthony Clarke, Master of the Rolls, gave an authoritative statement of the key principles relating to the right to informational privacy. He stated that: "although the origin of the cause of action relied upon is breach of confidence, since information about an individual's private life would not, in ordinary usage, be called "confidential", the more natural description of the position today is that such information is private and the essence of the tort is better encapsulated now as the misuse of private information" and "essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy".In this case the Master of the Rolls also drew attention to the possibility that the interpretation of the word "damage" in Section 13(1) of the 1998 Act may have been incorrect, given the purpose of the 1998 Act was to enact the provisions of the Data Protection Directive. This issue will be considered when the matter is reheard. It is a significant issue since, at present, the generally held view is that only pecuniary loss is recoverable. If there is a change of the law here and claimants are able to recover damages for distress, without showing pecuniary loss, then we may see a large increase in legal claims for data protection breaches.So, in closing, we should prepare ourselves for an interesting second decade of the 1998 Act, although we may see renewed legislation during this period. Despite the fact that the EC has decided it is not presently necessary to update the Data Protection Directive58, there are reviews by the ICO to promote changes to the Data Protection Directive59. Whatever happens to the 1998 Act, data protection compliance is now on the agenda for government, businesses and the media and set to stay that way.
This article was first published in CSLR Vol 25 Special Issue.1 See for example the British Gas case at http://www.informationtribunal.gov.uk/DBFiles/Decision/i162/british_gas.pdfand the Innovations case athttp://www.informationtribunal.gov.uk/DBFiles/Decision/i163/innovations.pdf
2 See the Cabinet Office Data Handling Report from June 2008 athttp://www.cabinetoffice.gov.uk/~/media/assets/www.cabinetoffice.gov.uk/csia/dhr/dhr080625%20pdf.ashx
3 See GE's comments on privacy and its use of binding corporate rules (referred to below) athttp://www.ge.com/citizenship/performance_areas/human_rights_privacy.jsp andhttp://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/binding_corporate_rules_authorisation%20_final.pdf4 See recent speech by Paul Dacre, Editor of the Daily Mail athttp://www.guardian.co.uk/media/2008/nov/10/pauldacre-dailymail and coverage of data losseshttp://news.bbc.co.uk/1/hi/uk_politics/7104945.stm5 See http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/personal_data_flowchart_v1_with_preface001.pdf6 See Opinion 4 of 20 June 2007 at http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2007/wp136_en.pdf
7 2003 EWCA Civ 17468 A "relevant filing system" is a highly organised paper filing system as defined in Section 1(1) of 1998 Act9 2004 EWHC 347, ChD10 2005 EWHC 246, ChD11 EA/2007/005812 WP136 Opinion 4/2007 on the concept of personal data. See footnote 6 above.13 See footnote 5 above14 2008 UKHL 4715 http://www.independent.co.uk/news/uk/this-britain/pensioners-found-dead-after-gas-was-cut-off-over-acircpound140-bill-577565.html
16 See ICO press release for Friday 5 September 200817 See the ICO's press release for 1 September 2008 at http://www.ico.gov.uk/upload/documents/pressreleases/2008/data_protection_duck_out_010908.pdf
18 nformation Management Assurance by the NAO, June 2006, Cabinet Office Data Handling Procedures, June 200619 See introduction to 2007 ICO Annual Report at http://www.ico.gov.uk/upload/documents/library/corporate/detailed_specialist_guides/annual_report_2007.pdf
20 See introduction to 2008 ICO Annual Report at http://www.ico.gov.uk/upload/documents/library/corporate/detailed_specialist_guides/annual_report_2007.pdf
21 See enforcement notices athttp://www.ico.gov.uk/upload/documents/library/data_protection/notices/hmrc_en_final.pdf andhttp://www.ico.gov.uk/upload/documents/library/data_protection/notices/mod_en_final.pdf
22 See FSA Final notices at http://www.fsa.gov.uk/pubs/final/nbs.pdf and http://www.fsa.gov.uk/pubs/final/Norwich_Union_Life.pdf
23 See ICO notice at http://www.ico.gov.uk/upload/documents/library/data_protection/notices/virgin_media_undertaking_redacted.pdf
24 DPA 1998 Schedule 1, Part 1, paragraph 7 and Part 2, paragraph 925 See the ICO's Data Protection Act Legal Guidance at http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/data_protection_act_legal_guidance.pdf
26 See http://www.ico.gov.uk/about_us/news_and_views/current_topics/Our%20approach%20to%20encryption.aspx
27 See 3 ICO guidance notes at http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/security%20v%201.0_plain_english_website_version1.pdf andhttp://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/guidance_on_data_security_breach_management.pdf andhttp://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/breach_reporting.pdf
28 There is a view that over-notification could result, with recipients of breach notification either being "dulled" to the risks they face or becoming over-sensitised and almost paranoid.29 See footnote 2 above.30 See Sir Edmund Burton's final report of 30 April 2008 http://www.mod.uk/nr/rdonlyres/3e756d20-e762-4fc1-bab0-08c68fdc2383/0/burton_review_rpt20080430.pdf
31 See the introduction to the 2008 Annual report at footnote 20 above32 See the final report of 25 June 2008 athttp://www.hm-treasury.gov.uk/d/poynter_review250608.pdf
33 The EU, plus Norway, Iceland & Liechtenstein34 For example, Davies, S (1998) "New data privacy storm threatens global trade war" Financial Mail on Sunday No 29 March35 See the contracts at http://ec.europa.eu/justice_home/fsj/privacy/modelcontracts/index_en.htm
36 Data controllers control the purpose and manner of processing, so are independent of each other. Data processors act only on the instructions of data processors, so are contractors or agents to a data controller.37 See the (short) list of approved countries at http://ec.europa.eu/justice_home/fsj/privacy/thridcountries/index_en.htm
38 In relation to recipients subject to the Canadian Personal Information Protection & Electronic Document Act (PIPEDA)39 See the US Government site at http://www.export.gov/safeHarbor/
40 See the Commission Staff Working Document of 20 October 2004 (SEC 2004 1323) at http://ec.europa.eu/justice_home/fsj/privacy/docs/adequacy/sec-2004-1323_en.pdf
41 See Chapter 5 of the Article 29 Working Party working document WP 12 of 24 July 1998 at http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/1998/wp12_en.pdf
42 See the 2 approvals in the UK for GE and Philips at http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/binding_corporate_rules_authorisation%20_final.pdf andhttp://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/philips_bcr_authorisation.pdf
43 That is sections 21 and 55 of the 1998 Act. The ICO's Annual Reports show the prosecution history, for example in 1999/2000 130 offences were prosecuted and resulted in guilty findings. See the reports at www.ico.gov.uk.
44 Regulatory Action Strategy 22 November 2005 available at www.ico.gov.uk
45 See for example http://www.ico.gov.uk/what_we_cover/data_protection/enforcement.aspx
46 See for examplehttp://www.ico.gov.uk/upload/documents/library/data_protection/notices/department_of_health2001.pdf
47 See for example the Marks & Spencer enforcement notice at http://www.ico.gov.uk/upload/documents/library/data_protection/notices/m_and_s_sanitiseden.pdf where Marks & Spencer had wished to sign an undertaking and keep this private but this was not permitted by ICO, so an enforcement notice was issued instead. This was subsequently cancelled by agreement between ICO and Marks and Spencer.48 See the ICO view at http://www.ico.gov.uk/what_we_cover/data_protection/our_legal_powers/criminal_offences.aspx
49 See section 77 of the Criminal Justice and Immigration Act 2008 Written by the Information Commissioner (but not the ICO) and Dr Mark Walport. Available at http://www.justice.gov.uk/reviews/datasharing-intro.htm
50 See http://www.justice.gov.uk/publications/data-sharing-review-consultation.htm
51 Available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32006L0024:EN:HTML
52 The Data Retention (EC Directive) Regulations 2007 available at http://www.opsi.gov.uk/si/si2007/uksi_20072199_en_1
53 See Home Office Consultation available at http://www.homeoffice.gov.uk/documents/cons-2008-transposition?view=Binary
54 See The 2008 Annual Report of the ICO and related press release at http://www.ico.gov.uk/upload/documents/pressreleases/2008/annual_report_web_version.pdf
55 See Section 6 HRA 199856 2008 EWCA Civ 446 7 May 2008 See the EC report on implementation of the Data Protection Directive available at http://ec.europa.eu/justice_home/fsj/privacy/docs/lawreport/com_2007_87_f_en.pdf
57 See the ICO promoted review of data protection being carried out by Rand Europe, details at http://www.ico.gov.uk/upload/documents/pressreleases/2008/ico_leads_debate_070708.pdf


text:
Psalm 25
14 The friendship[secret counsel] of the Lord is for those who fear him,
and he makes known to them his covenant.
15 My eyes are ever toward the Lord,
for he will pluck my feet out of the net.
I normally read Oswald Chambers' Utmost devotional as a relaxing meditation before I crash at night. This morning, however, I felt like reading it even before I crawled out — I'm sure my bedroom's chilly temperature had nothing to do with that impulse.
The thrust for today's devotional involved the unique nature of intimate friends' communication; such friends share their smallest joys and blessings, as well as many of their trials and temptations. When those friends happen to be a man and a woman, that intimate communication can take the form of, "Sweet Nothings," or still better, "Sweet Somethings," whispered to one another. In that way, they support one another, like two legs of a tripod, with their Lord providing the third leg. Of course, that only applies to close friends who are Christ-followers. If that isn't the case, intimate friendship is a tenuous balance, risking collapse at the first ill wind.
Did you notice a similarity in principle to the marital relationship? If you didn't, read it again in that context, as it applies equally. Too often, lovers and marriage partners base their relationship on infatuation, good-times, and sexual intimacy. That sort of attachment isn't a true relationship at all, and certainly not a close friendship. Remember Apostle Paul's warning about being unequally yoked with unbelievers? That's a principle with broad applications.
Psalm 25:14 describes the believers' intimate friendship with their Savior. It specifies the "Sweet Somethings" as, "secret counsel," where he lovingly reveals his covenant with them. While it is his covenant, it's not a sterile set of rules that we must obey, Or Else. It comes to us as Jesus' perspective, his unique, divine view of life. Our true love for him makes his perspective ours, so what gives him joy also gives us joy, and what grieves him also grieves us.
Verse 15 of Psalm 25 completes the picture of true love for our Savior; our eyes are ever toward him, providing a personal orientation very much like the loving relationship between a godly man and woman. Every decision we make, regardless how minor, considers his or her wishes. Again, exactly the same principle applies to our relationship with our Savior, and verse 15 above slips in a practical benefit of that intimacy; it plucks our feet out of the trap of temptation, even before it can close over us.
If you claim to love the Lord, make it real by quietly, consistently, listening to his "Sweet Somethings."


text:
Inter Milan are keeping close tabs on Angel di Maria's situation at Real Madrid. The winger is still waiting to open new contract talks and has lost his first-choice status to Kaka in recent weeks.
Il Sussidiario says Inter are aware of the Argie's frustrations and are exploring the prospect of bringing Di Maria to Italy in January.
It's suggested Inter will set a limit of €25 million to convince Real to part with the former Benfica star.


text:
ATLANTA — Insurance and Safety Fire Commissioner Ralph Hudgens and the National Fire Protection Association are reminding Georgians that Fire Prevention Week is Oct. 7-13, with the theme of, "Have Two Ways Out!"
Hudgens and fire personnel around the state will be spreading the word about the dangers of home fires and teaching Georgia residents how to plan and practice an escape from a home in case a fire occurs.
"Many times when we speak to residents who have experienced a fire in their home, they recall becoming confused and disoriented by the conditions and severity of the situation — but they realized they needed to get out fast," Hudgens said. "Sometimes, there are only seconds to escape, but there's no question that having a plan in place that has been practiced saves precious time and makes survival more likely. We hope that Fire Prevention Week will prompt Georgians to plan and practice their escape."
Hudgens offered the following tips:
• Install working smoke alarms on every level and inside and outside of each sleeping area.
• Develop an escape plan that identifies two ways out of each room and a family meeting place outside.
• Make sure your plan allows for any specific needs in your household. If everyone knows what to do, everyone can get out quickly.
• Practice using the plan at least twice a year.
• Some studies have shown that some children and adults may not awaken to the sound of a smoke alarm; they may need help waking up.
• If the smoke alarm sounds, go to your closest exit, and if you run into smoke, turn and use another way out. If one must exit through smoke, one should get low and go under the smoke to the exit. Don't take time to pick up belongings. Move fast but stay calm.
For more information, call 404-657-0831.


text:
Having problems with your Olympus Digital Cameras ?
How to get back what you erased on your olympus
Answers :
There is a solution but for the best results you need the full paid version search for xd receovery with google and select the best programe for you (in the right price) a freeware recovery programe might show you the pictures but you are not able to cut and past or save them to a different location (becuase the programmer wants to get paid too) just choose the programe with XD recovery (most of the time ) or choose a multi recovery programe
If it is erased, it probably is from the directly only. You need third party software to rebuils your directory that points to the file whicj contains the picture. \\if you have taken more pictures after youerased one, it may be ggone forever.
Repair Help & Product Troubleshooting for Olympus Digital Cameras
Tips for a great answer:- Provide details, support with references or personal experience .
- If you need clarification, ask it in the comment box .
- It's 100% free, no registration required.
Suggested Questions/Answers :
Erased pictures. I was messing around with my camera and I switched it from continuous to auto erase in file number and it erased all of my pictures even my protected ones. I switched it back but they still were not there. They were completely gone. Is there any way to get them back?
You can try connecting the memory card to a PC via a memory card reader and using an undelete utility to recover the files. Go to this link for a step-by-step procedure and software references (free). ... Canon PowerShot S51S Digital Camera
Memory Twice now the entire library of pictures we saved completely erased. We're not sure how they're erasing... we must have accidently pressed a button that deleted them but how can it be that it's so easy to erase ALL the pictures? I feel like there should atleast be a prompt that asks "delete all pictures? yes or no" like there is with text messages and emails or anything else. Is there a way to get our pictures back? Is there a back up memory??
I had the same problem. I think if you go into the menu area and somewhere theres an option called "format" I pressed it and all my pics just disappeared without any warning. I've just learned to steer clear of the format option. ... Canon PowerShot A520 Digital Camera
Picture card I took pictures of my entire summer, i accidently took out my picture card out, and when i put it back in, and turned it on, the screen said card setup: power off and format, if i chose format, it would erase all my pictures. How do i get back to taking pitures without erasing all my pictures and keeping the memory card?
You can buy a cheap multi card reader at an office supply store, Best Buy, a computer store or a photographic supply. Use the card reader to read your memory card from your computer ... Fuji FinePix 1400 Zoom Digital Camera
I keep getting error 99. I've cleaned the sensors with a new eraser; I've changed the battery and changed the memory card. If I take out the battery and put it back in, I can take a picture. If I pause for about 30 seconds between picture, I get the error message again and then have to take the battery out and put it back in again.
Hello:\015\012\015\012Here is what Canon said :To isolate the cause of the issue, we suggest that you do the following:1. Turn off the camera.2. Remove the lens, battery, and CF card.3. Allow the ... Canon EOS Digital Rebel XS / 1000D IS Digital Camera
How to get back erased memory on megxon K38
You can't...sorry Once it's gone it's gone! ... Megxon X38 Digital Camera
Erased pictures, can i get them back
It's no problem at all to get them back. Please see this post for several free software that you can download. You'll need ... Canon PowerShot A70 Digital Camera
How to get my pics back if they are erased
Sadly, they are gone forever. A sad way to learn a lesson. ... HP Photosmart M525 Digital Camera
Memory card my camera keeps erasing my pictures. it sais that the memory card needs to be formated but it will erase all files on the camera. i have important photos that are on there right now, that i cant download to my computer. please help with suggestions to make the photos come back. i tried to lock and unlock the memory card but its no use. i really dont know whats going on so can you please make some suggestions to the steps i need to take to get my photos back.Thank You.
Also, use a card reader, copy your pictures from the card using the card reader, transfer your pix to your computer and then reformat the card ... Kodak EasyShare C613 Digital Camera
Erased pics Hi, I was looking at my camera which is new and accidentally pressed format picures. It erased the few that I had on there. Can I get this pictures back in any way?
If there's a standing chance, it lies with this software:\015\012\015\012\015\012\015\012http://www.datarescue.com/photorescue/\015\012\015\012but I can't make any promises.\015\012\015\012Please remember to rate as fixya, and ... Canon PowerShot SD850 IS Digital Camera
I cannot get the camera to erase, or delete all imiges. It pops back to protected, or busy. What am I doing wrong? I have erased before with no problem, but not now. I have messed with everything on it I think. It is an sd850 is.
Sometimes SD cards have locks on the back of them. I cant say this will fix your problem, but if the memory card is locked it will not allow you to delete the photos. If the photos are on your camera's memory, try playing with the options and see if ... Canon PowerShot SD850 IS Digital Camera
I erase all the photo and how do i get it back?
There are plenty of software programs available which will find those erased photos and return them to the card. What won't be undeleted are photos which space is now occupied by new photos. So if you've used the card again after deleting the photos ... Canon PowerShot SD940 IS / IXUS 120 IS Digital Camera
Pictures were on memory card, i was looking through them and it then said picture error and erased all of them. can i get them back
1). Immediately pick out the inner memory card of your digital camera\012in case that any newly taken picture would rewrite your original photos.\012\0122). Insert this memory card to your computer via a card Reader and\012prepare t ... Olympus FE-190 Digital Camera
Used up internal memory and tried to install a 4gb memory card and it erased everything. Is there anyway to get photos back
... Samsung Digimax D53 Digital Camera
Erased images I accidenally deleted all the photos on my memory card....Anyway to restore and get back? Thanks, Jill
I had success with this1. Do not save any new file to memory card.2. Connect your card to computer. You should see memory card shown as a drive letter (like H:) in My Computer.3. Download recovery software, recommended one is this ... Polaroid T730 Digital Camera
I accidently erased very important pictures from my memory card. Is there anyway to get them back?
Hi,Yes, you can get deleted picture back if memory card has not been formatted and memory card has been formatted wither by camera or computer, then no chance to recover picture files.Download ... Kodak Easyshare C182 12MP Digital Camera
I format my i633 and erase all pics by mistake can i get them back
First do not panic! It is possible to recover your pictures\015\012if you take care. Take the card from the camera (powered off) and if it has a\015\012"write protect" tab then lock it now. Do not try and write anything\015\012to the card or you risk ... Polaroid Digital Cameras
My pictures erased by themselves. is there any way to get them back?
Hello there,If your pictures are saved in your camera's memory card, then you can use a recovery software to recover your deleted files. You can download and install this free and effective utility: ... Vivitar ViviCam 8025 Digital Camera
HELP i know this is a dumb question because i know the answer but i am just hoping that i am wrong...is there any way to get something back after u have deleted it? i made a mistake and erased somethind very important again i know the answer:)
The answer is YES. But, is will be $$$, I think. But, if it's really life and death, do a Google search on date recovery or something like that, and there will be places where you can send the card, disc, etc. and they will try to retri ... Casio EXILIM EX-Z1000 Digital Camera
Erased all photos, on a finepix z10 camera. how do i get them back?
Don't panic!\015\012You can try this software. If it works you will have to buy it though.\015\012http://www.datadoctor.biz/\015\012\015\012Pictures are p ... Digital Cameras
How to get back what you erased on your olympus camera
There is a solution but for the best results you need the full paid version search for xd receovery with google and select the best programe for you (in the right price) a freeware recovery programe might show you the pictures but you are not able to ... Olympus Digital Cameras
I have accidentally erased the pictures on my memory card. How can I get them back?
There is no easy solution for thisbut it is possible to get all or even some pictures back.The first thing I can recommend is to stop using the camera,the more pictures or videos you take, the less likely you may get them back ... Nikon Coolpix 4600 Digital Camera
I accidentally pressed the formatting button on my digital camera, canon powershot SD790 IS. Not knowing it erases all pictures. My question is can i get my pictures back, and if so how?
The answer is it depends on whether or not you conducted a "low level" format or not. Such a format will actually write over the card making photo recovery unlikely. But with Canon cameras, format is normally a quick erase (which is recoverable), U ... Canon PowerShot SD790 IS Digital Camera
I accidentally erased the images on my 7.0 megapixel digital camera. where can i go to get them back.
Use "File Scavenger" software by connecting your camera to PC. This software can recover deleted files. ;) ... Polaroid Digital Cameras
My daughter looked to check the memory and accidently erased photos. Is there any way we could get those photos back?
As long as the memory card has not been formatted it is possible to retrieve images that have accidently been deleted. Search in google for image recovery software from media cards . There are a lot of free software sites that allow you to recover ... Digital Cameras
On accident, I erased all the photos from my memory card with my camera. Is there any way to get them back?
Hi\012\012Your best option from here is to use data recovery software to access the missing data on your card..\012\012You can download the software for free, just download "Free Data Recovery Software" and choose from one of ... Canon PowerShot SD600 Digital Camera


text:
Whatever memories you have of Carmen Electra's booty during her Baywatch days can now be forgotten because she currently has the prefect butt.
The 42-year-old actress and model posted this stunning booty pic on her Instagram while on vacation and it couldn't be hotter.
Thankfully she didn't stop there and took a few awesome bikini pics as well.


text:
Spreadtrum to Announce Second Quarter 2013 Results on Tuesday, August 6, 2013
Earnings Conference Call Scheduled for Tuesday, August 6, 2013 at 9 p.m. (U.S. Eastern) / Wednesday, August 7, 2013 at 9 a.m. (Hong Kong)
Jul 22, 2013, 16:15 ET from Spreadtrum Communications, Inc.
SHANGHAI, July 22, 2013 /PRNewswire-FirstCall/ -- Spreadtrum Communications, Inc. (NASDAQ: SPRD; "Spreadtrum" or the "Company"), a leading fabless semiconductor provider in China with advanced technology in 2G, 3G and 4G wireless communications standards, today announced that it will release unaudited financial results for the second quarter 2013 following US market close on Tuesday, August 6, 2013. The earnings release and accompanying financial results presentation will be available on the investor relations section of the Company's website at http://ir.spreadtrum.com.
Following the earnings announcement, the Company's senior management will host a conference call at 9:00 p.m. (U.S. Eastern) / 6:00 p.m. (U.S. Pacific) on Tuesday, August 6, 2013, which is 9:00 a.m. on Wednesday, August 7, 2013 in Hong Kong, to discuss the financial results and recent business activities. The conference call may be accessed by dialing:
-- United States/International
-- United Kingdom
+1 845 675 0437
+44 20 3059 8139
-- Singapore
+ 65 672 39381
-- Hong Kong
-- China
+852 2475 0994
+86 4006208038 or +86 8008190121
Participant Passcode
"SPRD" or "Spreadtrum"
A telephone replay will be available shortly after the call until August 13, 2013 at (US Toll / International) +1 646 254 3697 or (Hong Kong) +852 30512780, passcode: 20767069.
A live webcast of the conference call and replay will be available in the investor relations section of the Company's website.
About Spreadtrum Communications, Inc.
Spreadtrum Communications, Inc. (NASDAQ: SPRD; "Spreadtrum") is a fabless semiconductor company that develops mobile chipset platforms for smartphones, feature phones and other consumer electronics products, supporting 2G, 3G and 4G wireless communications standards. Spreadtrum's solutions combine its highly integrated, power-efficient chipsets with customizable software and reference designs in a complete turnkey platform, enabling customers to achieve faster design cycles with a lower development cost. Spreadtrum's customers include global and China-based manufacturers developing mobile products for consumers in China and emerging markets around the world. For more information, visit www.spreadtrum.com.
SOURCE Spreadtrum Communications, Inc.


text: We will be holding our own tournament on March 23rd 2013…it will be a doubles tournament with Men's, Women's, and Mixed doubles, split into Advanced and Intermediate levels when there are enough entries. All players from anywhere are welcome. You don't have to be a member of Tucson or UA badminton clubs. If you don't have a partner, we will find one for you. More info will follow, but save the date now!


text:
it's my first time to make an applicaion using java under linux...
when file chooser appear i want the user to choose any file to hide it by adding "." at start of the name of file
this is the action
i want to hide any file in any partition ???????? help pleaseCode:
private void jButton1ActionPerformed(java.awt.event.ActionEvent evt) {
int returnVal = hide.showOpenDialog(this);
if (returnVal == JFileChooser.APPROVE_OPTION) //press open
File file = hide.getSelectedFile();
file.renameTo(new File("."+file.getName())); //hide file add . to it's name
else { // cancel on file chooser to hide file


text:
Debbie Davies
"Debbie Davies" (b. 1952 in Los Angeles, CA) is a blues guitartist.
Debbie Davies
She has been the featured guitartist in several female based bands including Maggie Mayall and the Cadillacs (led by John Mayall's wife) and Fingers Taylor and the Ladyfinger Revue (who opened for Jimmy Buffett during his 1991 tour). Besides her solo work, Davies is best known for her work with Albert Collins as a member of his band, the Icebreakers. Over the years she has collaborated with several well known artists such as Tommy Shannon & Chris Layton (aka Double Trouble), Coco Montoya, Jay Geils and Duke Robillard. She continues to record and tour.
* 1993 - Picture This
* 1994 - Loose Tonight
* 1997 - I Got That Feeling
* 1998 - Round Every Corner
* 1998 - Grand Union
* 1999 - Homesick for the Road
* 1999 - Tales From The Austin Motel
* 2001 - Love The Game
* 2003 - Key To Love
* 2005 - All I Found
* http://www.debbiedavies.com/ Offical Website - Debbie Davies website
Davies, Debbie
Davies, Debbie


text:
Failure In Central Line Infection Prevention, Survey Says
Only three in 10 hospital administrations are willing to spend what's necessary to prevent catheter-related bloodstream infections, and fewer than one in five providers think their institutions have sufficient infrastructure to train staff in prevention strategies.
And only one in four strongly believe their facility monitors compliance or holds staff accountable for adhering to best prevention practices.
Those are findings from a survey of more than 2,000 health providers—mostly hospital infection preventionists—released on Monday during the 37th annual meeting of the Association for Professionals in Infection Control and Epidemiology in New Orleans.
These infections are an increasing concern, with about 80,000 incidents happening each year in hospitals of which 30,000 result in death and with average costs of $30,000 per infected patient costing the U.S. healthcare system more than $2 billion annually.
"The attention or the urgency given to these infections does not seem to match the magnitude of the harm, (in either) resources or accountability," says Peter Pronovost, MD, APIC clinical advisor and professor at Johns Hopkins University School of Medicine.
Pronovost says the problem was miniscule compared to that which caused by faulty brake systems in Toyota cars: "Many of you probably saw the CEO of Toyota publicly apologize (because) four people died a year for five years needlessly, for a total of 20. Those deaths were tragic and he should apologize."
"But we know that in the U.S. alone, 30,000 to 31,000 people die a year from central line-associated bloodstream infections every year, and we have the technology that virtually eliminates that. And to have 75% of these (respondents) say they don't have accountability is alarming. What it speaks to me is an accountability failure in healthcare," says Pronovost.
The survey was sent to 20,415 healthcare professionals with APIC, the Association for Vascular Access and the Infusion Nurses Society, and the response was only 10%.
However, most of those who returned responses indicated they do not have effective programs in place to disseminate information on prevention. Fewer than 20% said their facility has effective infrastructure in place for training staff.
Making sure the hospitals accurately measure infection rates is another issue.
Pronovost, widely credited for his simple five-point checklist to prevent central line-associated bloodstream infections (Remove unnecessary lines, wash hands prior to procedure, use maximal barrier precautions, clean skin with chlorhexidine and avoid femoral lines) had some suggestions for getting hospital CEOs on board with aggressive prevention campaigns.
He says that when he visits hospitals to talk about the issue "I get staff saying, 'We're using the checklist, Peter.' And I say great, but what are your infection rates? And they are commonly very high or they don't know."
Another big issue is the culture of denial of physicians and other clinicians who insert lines and refuse to use the checklist, a behavior Pronovost called, "essentially, arrogance among medical staff."
Nurses tell him they don't have the culture, and that if they question a physician who is not using the checklist, they tell him, "I'll get my head bit off."
Getting top down support is one way to eliminate that problem.
"One way to do this is what we call the opportunity estimator. If you put in your infection rates and your catheter days per year, this gives you an estimate of how many people died and how many dollars you spent needlessly on infections...If you want to get your CEO engaged, simply walk up to them and say, 'here's how many people died and how many dollars you spent needlessly on infections. And here's what we're going to do about it."
"When that happens, we find that CEOs haven't been made aware of it," Pronovost adds. "Once you commit fundamentally that these infections are preventable, then all the rest follows."
Eventually, public pressure will take over. APIC, Pronovost, and others are working with states to strengthen infection rate reporting requirements, which now exist in 30 states and an increasing number of hospitals will be expected to post their rates online for public comparison.
Also in the works are a number of measures that will bring hospital executive leadership on board. These include tougher federal policies that deny reimbursement to hospitals with higher rates of infection and computerized surveillance systems to quickly identify hospital-acquired infections.
"All these together are going to be what's needed to drive rates down," Pronovost says.


text:
It's Generous of Junot Diaz to Share This
17 November 2009
I remember when I first learned that it took Junot Diaz some 11 years to write his (Pulitzer-prize winning) novel — with a couple of "failed novels" in between. It was strangely heartening. Not in a schadenfreude way, but in a yes, writing is long, writing is slow, writing is filled with debilitating doubt kind of way.
Diaz is generous to now share his harrowing tale of woe with us: read about it here.
Thanks to novelist Alexander Chee for excerpting this bit, which is where I first came across the article:
But if the world is what it is so are our hearts. One night in August, unable to sleep, sickened that I was giving up, but even more frightened by the thought of having to return to the writing, I dug out the manuscript. I figured if I could find one good thing in the pages I would go back to it. Just one good thing. Like flipping a coin, I'd let the pages decide. Spent the whole night reading everything I had written, and guess what? It was still terrible. In fact with the new distance the lameness was even worse than I'd thought. That's when I should have put everything in the box. When I should have turned my back and trudged into my new life. I didn't have the heart to go on. But I guess I did. While my fiancée slept, I separated the 75 pages that were worthy from the mountain of loss, sat at my desk, and despite every part of me shrieking no no no no, I jumped back down the rabbit hole again. There were no sudden miracles. It took two more years of heartbreak, of being utterly, dismayingly lost before the novel I had dreamed about for all those years finally started revealing itself. And another three years after that before I could look up from my desk and say the word I'd wanted to say for more than a decade: done.
That's my tale in a nutshell. Not the tale of how I came to write my novel but rather of how I became a writer. Because, in truth, I didn't become a writer the first time I put pen to paper or when I finished my first book (easy) or my second one (hard). You see, in my view a writer is a writer not because she writes well and easily, because she has amazing talent, because everything she does is golden. In my view a writer is a writer because even when there is no hope, even when nothing you do shows any sign of promise, you keep writing anyway. Wasn't until that night when I was faced with all those lousy pages that I realized, really realized, what it was exactly that I am.
One Response to "It's Generous of Junot Diaz to Share This"
... at ...
You couldn't have posted this at a better time. Thanks for sharing, and congrats on the mention in your latest post.