Do not disagree with sentiments however as we know theres a difference
between spirit of the law and the interpretation of the law. Note the
Durrant case.
David Wyatt
----- Original Message -----
From: "Roland Perry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, November 04, 2004 6:31 AM
Subject: Re: [data-protection] E-mail addresses personal data?
> In message <001d01c4c211$9ac682f0$0500a8c0@DAD1>, at 01:57:13 on Thu, 4
> Nov 2004, davidwyatt <[log in to unmask]> writes
>>Observation
>>
>>I was under the impression that the Art 29 Opinions are not in
>>themselves law but recomendations to the law makers via the Art 30
>>empowered bodies under the Directive.
>
> In the sense that someone in the UK can raise a complaint all the way to
> the European Court, I believe the Art29 opinions are the best guide we
> have to the actual spirit of the law. Otherwise they are wasting huge
> amounts of public money on their hundreds of Opinions.
>
>>I would believe Antoinette assessment is correct. Those collecting the
>>data cannot be prosecuted for legislative breach under DPA (if they
>>have just collected and never intend to identify who the email address
>>relates to).
>
> The collecting involves processing the data, and I wasn't aware that
> tests of (eg) being able to identify people from their personal data
> were only valid on the performance of the act, rather than the
> capability to do so.
>
>> Those who buy the list are however going to be at risk if they use for
>>marketing without first contacting the email target to advise their
>>data holding and seek an opt in response for marketing activity.
>
> As has been discussed on this list this week, that act of unsolicited
> seeking an opt-in is also illegal. Let alone the general implications of
> retrospective notification to a data subject regarding new purposes
> you've suddenly decided to apply his data to.
>
> --
> Roland Perry
>
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