In an undiscovered country (just outside of Lydd, but we won’t quibble) a fair and reasonable woman is puzzled. The source of her puzzlement is “To be, or not to be, in Shepway or in Thanet, that is the question?”
Today this fair and reasonable woman has been grappling with a legal conundrum. Her conudrum; in which she asks your assistance, is this:
Folkestone Town Centre Management Ltd (FTCM) Memorandum of Association (MoA); which is the document which regulates the company’s external affairs states at
“3(a) To promote and protect the home and overseas trade commerce and industry of Thanet.”(emphasis added)
The Memorandum of Association is a document of great importance in relation to the proposed company. It contains the objects for which the company is formed and therefore identifies the possible scope of its operations beyond which its actions cannot go. As a matter of course Memorandum of Association is not alterable. In fact the words of the Memorandum cannot be changed that easily. It is said that “Memorandum of Association is alterable only in accordance with the provisions of the law” eg common law.
This fair and reasonable woman (near Lydd) knows the MoA states the objects clearly that the Company, FTCM can only operate and promote the scope of its operations in Thanet. Can the company FTCM Ltd then operate in Shepway too? This is part of the conundrum the fair and reasonable woman has been grappling with.
Then when this fair and reasonable woman thought she might have an answer another thought occurred to her. This was on the question whether or not the company FTCM Ltd which is registered on the ICO Register of Data Controllers website and receiving “Personal Data” and “Sensitive Data” about data subjects in Shepway (members of the public) is allowed to control, process and/or transfer any data collected or used outside of the objects clearly stated in the MoA. (Thanet)
In short can FTCM Ltd use CCTV, “Intelligence Reports” etc, gathered in Shepway, when its MoA states clearly they are in Thanet. Are FTCM Ltd in breach of the Data Protection Act? And would anyone convicted from any evidence gathered by FTCM Ltd in Shepway, via CCTV etc, need to have their conviction reviewed?
A rumbling belly draws our fair and reasonable woman back to the real world and her thoughts of supper and TV. This is where she needs your help and assistance, does FTCM Ltd operate in Shepway or Thanet? And should this fair and reasonable woman choose Eastenders or Coronation Street?
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