I think we are going to have to consign this to the "Good Grief!" pile.
I read this and re-read it, and I must admit my head is now spinning and
aching.
Clear to me is one salient fact. "Whatever the court says, whatever the law
says, common sense should always prevail."
This common sense is "Do not open yourself or your employer up to the hassle
of a prosecution, even if you are found 'not guilty' eventually. The
stress, the negative PR, the rest of the mess, the defence costs, are none
of them worth it."
We have now all heard of Bodil Lindqvist. I expect she would far rather we
had not. And therein lies the advice we give to our clients:
"Assess the business risk, assess the costs of being thought not to comply,
and make your business decisions from that standpoint."
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
<mailto:[log in to unmask]>
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Charles Oppenheim
Sent: Monday, November 10, 2003 9:25 AM
To: [log in to unmask]
Subject: Re: [data-protection] PD on internet not an international transfer
In para 55 of the text, it states that the British Government's view was
that placing on the Internet is NOT transfer - which runs counter to what
the OIC has been saying.
So, placing personal information on the Internet is not transfer - even in
such cases when someone in another country without adequate protection then
uses the details found on the site to bombard the individuals in question
with spam. Seems to run counter to recent EU moves to prevent spam....
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
01509-223065
(fax) 01509-223053
----- Original Message -----
From: "Paul Ticher" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 10, 2003 9:07 AM
Subject: Re: PD on internet not an international transfer
> It's case C-101/01, and there's a press release about it on the same
> web site, release no. 96/03.
>
> Basically it seems completely counter to our Commissioner's guidance
> that putting material on a publicly accessible web site automatically
> counts as
a
> transfer abroad. What I don't understand, in that case, is whether a
> transfer takes place if the material is, in fact, accessed from
> abroad,
and
> if so who makes the transfer - the Data Controller in Europe or the
> person accessing the material? Or does it come down to your
> intention? If the material is only aimed at a local Swedish church
> group (as in the case),
is
> it irrelevant that someone in Korea happens to stumble across it and
> download the information?
>
> Paul Ticher
> Information Management
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> I hereby require any recipient of this message not to use my personal
> data for direct marketing purposes.
>
>
> ----- Original Message -----
> From: "Tim Trent" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, November 10, 2003 7:50 AM
> Subject: Re: PD on internet not an international transfer
>
>
> > Ok, it's "Tim is a Klutz" time, but it is Monday.
> >
> > Nicola, how do we find the right one of these articles, please? The
> > URL
> is,
> > regrettably, sort of "generic". If you have a case number it would
> > be great. Or am I missing something obvious?
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Nicola
> > Mckilligan
> > Sent: Saturday, November 08, 2003 1:39 AM
> > To: [log in to unmask]
> > Subject: [data-protection] PD on internet not an international
> > transfer
> >
> > The European Court of Justice recently held that making personal
> > data available on the internet is not subject to the rules
> > prohibiting the transfer of pd outside the EEA
> >
> > see attached for details
> >
http://curia.eu.int/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&docrequir
> >
> >
> >
> >
> > Nicola Mckilligan
> > Director
> > Privacy & Information Plus
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
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