Dear colleagues,
I just thought I would update you on the official
response that I received from JISCmail concerning the
request that I had received to mirror on a public Web
server in Turkey the archive of the JISCmail list I own.
The official line on processor/controller is that
JISCmail is the Data Processor and that JISC is the
Data Controller for JISCmail lists. Under mailbase,
Newcastle University was the Data Controller. Now,
the contract for running the lists can change again
and again in the future without there needing to be
a change in the Data Controller.
Thus any talk of contracts to control use of list member
data etc with current JISCmail lists would have to be
between JISC and the party wishing to use the data.
The senders of messages submitted to JISCmail lists retain
copyright over their messages but by sending a message to
such a list "you give JISCmail permission to reproduce,
deliver, distribute and archive your message as appropriate,
and you agree that other JISCmail users may read, save,
download or print your message."
This latter point doesn't give another JISCmail user the
right to redistribute your messages, so a request to mirror
a list archive by subscribing and then storing all messages
on a local but public Web server would have to go to the
Data Controller as far as I can see. However, this point
seems to have been missed in the advice given relating to
my specific situation. The advice was:
"to say no [to archive mirroring] unless:
1) The membership are happy for this to happen.
2) You are quite sure that you have a way to get
information removed.
3) The membership also know how to get information removed.
4) The third party give you some assurance that they in
turn will not give your archives to others without your
agreement."
I'm quite happy with this advice, although from a pedantic
legal point of view, isn't this placing responsibilities on
list owners and members that the law places on JISC (the
Data Controller). Or am I missing something here? (quite
possible - it's been a long week!!).
Best wishes,
Adrian
Adrian Tribe <[log in to unmask]>
Web Editor, Birkbeck College, University of London
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