Charles
But such data will never come into a Data Controllers possession unless they
intend to take action to make it happen.
Company directors of a data controller can stipulate their organisatiions
policy on such data collection.
e.g give clear directions to their employees that such data must not be
collected.
Any collection would therefore be unauthorised by the Data Controller.
A Data controller has made their intent clear. Employee then subject to
section 55 offence not the Data Controller.
When assessing the position at law I understood that the courts can apply
the 'mens rea' principle ie .The state of mind indicating culpability which
is required by statute as an element of a crime.
'May come in to possession' has to be assessed against the facts in
context. If not everyone is a data controller as they *may* come into
possession of personal data.
David Wyatt
---- Original Message -----
From: "Charles Christacopoulos" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, November 04, 2004 2:58 AM
Subject: Re: [data-protection] E-mail addresses personal data?
> davidwyatt wrote:
>
>>
>> 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).
>
> I thought the DPA takes away intent. Simply having the data which
> together with other data which *may* come to the posession of the the
> data processor ... whatever the exact words where ... makes them
> personal data
>
>> 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.
>>
>> Question of intent and timing
>>
>> David Wyatt
>>
>
> --
> Charles Christacopoulos, Management Information Officer,
> Planning & Information, University of Dundee, Dundee, DD1 4HN,
> Scotland, United Kingdom. Tel: 44(0)1382-344891. Fax: 44(0)1382-348845.
> http://www.somis.dundee.ac.uk/ :: egothor http://www.egothor.org/
>
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