Talk Talk, in response to the recent revelations about the compromising of the data of up to four million of its customers, says rather boldly
Has TalkTalk breached the Data Protection Act?
No, this is a criminal attack. We have notified the ICO and we will work closely with them over the coming weeks and months.
And it got me to wondering how well this rather novel approach could be extended in other legal areas.
The defendant, a Mr Talk Talk, was travelling at a speed of ninety-four miles per hour, and had consumed the equivalent of two bottles of gin. However, as the other driver involved in the collision had failed to renew his motor insurance we find that the defendant was evidently merely the victim of a crime, and my client could not, as a matter of law, have broken speeding and drink driving laws.
Furthermore, although the defendant later viciously kicked an elderly bystander in a motiveless attack, he cannot be guilty of an assault because the pensioner was recently convicted of watching television without a licence.
And finally, although my client picked up a police officer and threw him into a duck pond, the fact that the said officer once forgot to pay for a milky way in the staff canteen provides an absolute defence to the charge of obstructing a police officer in the line of duty.
Let’s see how well Talk Talk’s defence washes with the ICO.
The views in this post (and indeed all posts on this blog) are my personal ones, and do not represent the views of any organisation I am involved with.