Perhaps, post Durant, an email address is not sufficiently "personal". If,
after all, copies of meeting notes attended by the various participants
fails the latest test, then just an email address could be insufficient. On
the other hand, an email containing details of the sender and some juicy
text may well be different.
Regards
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
-----Original Message-----
From: davidwyatt [mailto:[log in to unmask]]
Sent: 08 June 2004 02:32
To: [log in to unmask]
Subject: Re: Email address is personal data?
An observation
The 'IF' is the operative word in your response.
You may know its your own name in the email address but how does a recipient
know this unless adding to some other data it has for authentication /
security purposes. Would your bank accept an email from you to pay out
money to another? I suspect not as they cannot identify and authenticate
you from an email address alone.
DPA only applies applies when a legal entity collects enough personal data
to uniquely indentify a living indiviual. I maintain an email address alone
is not sufficient to be personal data in the possession of the recipient.
How a recipient validates an email is a key element in determining if the
address is part of a personal data holding.
An ISP may be able to uniquely identify the identity of a subscriber to an
account who is using the email address. Whether this is possible depends on
their own data collection procedures e.g. a non subscriber may be paying for
the services they provide to a subscriber and this may be the only valid
data they hold. The subscribers true identity can therefore be hidden. If a
situation warrants it ie a criminal offence is occuring via the email usage
then sufficient data may be able to be collected by the investigation body
to identify who is using but this is often not possible.
David Wyatt
----- Original Message -----
From: "Ian Mansbach" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 03, 2004 10:08 AM
Subject: Re: [data-protection] Email address is personal data?
Geoff
Welcome to the world that is data protection!
If an individual can be identified from his/her email address (eg I can
clearly be identified from my email address [log in to unmask]) then
that information is, subject to the provisions of the Data Protection Act
1998, personal data.
If the distribution list is used for any marketing purposes (which might
include charitable or political purposes) then the Privacy and Electronic
Communications (EC Directive) Regulations 2003 may also apply.
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
international: +44 (871) 716 5060
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Geoff Scott
Sent: 03 June 2004 09:09
To: [log in to unmask]
Subject: [data-protection] Email address is personal data?
New to Data Protection and need some help.
Does a distribution list containing just email addresses constitute as
containing personal data (i.e. can an individual be identified by a single
email address)?
Regards,
Geoff Scott
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