As Guernsey is not an EEA state and has not been added to the approved list,
it does not have to follow the Ec directive ot the Data Protection Act 1998.
E-mail addresses is quite grey area, some say they are not some say they
are. In my opinion they are if you could identify the indvidual from the
data you have or you can obtain.
> Richard Talbot
> QinetiQ Ltd. Data Protection Adviser
> Bldg 59 Room 1
> QinetiQ Ltd Bincleaves
> 806-4663
> +44 1305 764663
-----Original Message-----
From: Stephen John [mailto:[log in to unmask]]
Sent: 24 December 2002 11:05
To: [log in to unmask]
Subject: Re: [data-protection] Personal data about a subject?
I asked the question does sljohn@bigtownuniversity" constitute personal
data or not. Thank you for your answers.
Our data protection commissioner in Guernsey has staded
...To continue with Mr John's example, if Joe Bloggs has a personal e-mail
address of [log in to unmask], it is reasonable to presume that this is
personal data associated with Mr Bloggs as a private individual, just as
his home address and telephone number would be.
If Joe Bloggs happens to work as customer services manager for Bigbank, he
may well have been given an e-mail address by his employer of
[log in to unmask], a published direct telephone number and a postal
address which may, or may not, include his name. These details are likely
to be on his business card, which he may give out freely to his contacts
and clients.
In my view, none of these details constitutes personal data, because they
are all assigned by the employer and relate to his function within Bigbank.
E-mails addressed to Joe Bloggs, telephone calls to his published number
and conventional mail will all be treated as being intended for the
attention of the customer services manager and his staff.
Should he move his employment, it is quite possible that he might not even
see any correspondence or e-mail addressed to him at his former place of
employment.
These days it is common practice for business e-mails to circulate
between 'personalised' addresses as modern protocol encourages the use of
names rather than job titles. This does not make them personal data nor
gives employees subject access rights unless the content is of a personal
nature or related to personnel matters.
In general, therefore, I do not consider that e-mail addresses used for
business purposes are unequivocally related to an individual such as to
constitute personal data.
However, data held by organisations about their clients and about their
employees most certainly are personal data.
End of Commissioners comments
Any views?
Merry Christmas to you all.
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