Dave,
Are you saying that if a data controller sends an -mail to a
[log in to unmask] that the data controller would not be caught by the "and
any other information in possession of, or likely to come into the possesion
of, the data controller"?
It is difficult to imaging any data controller who would not be wishing for
some sort of response to the e-mail and hence be caught by the definition.
Ian W.
----- Original Message -----
From: "Dave Wyatt" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, November 15, 2000 10:57 PM
Subject: RE: Email marketing
>
> Charles:
>
> But are you the only Charles Christacopoulos in the world and how does
> anyone know that is your real name just from the email id. Would I not be
> making an assumption that it is. No one relies on an email id as proof of
> identity. Something more appears to be needed to link the email id to an
> identifiable living individual. If that something is in the possession of
> the data controller then I agree that the set of data becomes personal
data.
> But if you only have the email id e.g. via a purchased list of email ids
the
> data item alone is not necessarily personal data which identifies a living
> individual in possession of the data controller.
>
> Dave Wyatt
>
> -----Original Message-----
> From: [log in to unmask]
> [mailto:[log in to unmask]]On Behalf Of
> [log in to unmask]
> Sent: 15 November 2000 02:22
> To: [log in to unmask]
> Subject: RE: Email marketing
>
> ** Reply to note from "Dave Wyatt" <[log in to unmask]> Tue, 14 Nov
> 2000 23:10:26 -0000
>
>
> > I was wondering why an email address list actually becomes personal data
> in
> > such a scenario and therefore caught by the Act.
> > I cannot identify a living individual from an email address alone.
> Therefore
> > why would a list email addresses as marketing prospects be subject to
the
> > Act on first use. Until I have other information allowing me to
identify
> > the owner of the email address as a known living individual I have no
way
> of
> > verifying the information. I wouldn't allow a person to change bank
> account
> > details on a financial services contract via email unless other
> information
> > could be linked to the address to verify. We as a company receive such
> > requests by email but have to decline to process as we cannot verify the
> > sender as the contract holder.
> >
> > What do others think?
>
> Unless I am missing the point :-) in many instances you do have someone's
> actual name. For example your address is Dave_Wyatt mine c.k.christ...etc
> although we could have had addresses like [log in to unmask]
>
> Further information may come to your posetion which would allow you to
> "cross
> reference data" there fore you are holding personal data.
>
> I hope it helps to muddy the waters.
>
> Charles
>
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee,
> Dundee DD1 4HN, Scotland, United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> http://somis.ais.dundee.ac.uk/
> Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
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