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.
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).
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
----- Original Message -----
From: "Roland Perry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, November 03, 2004 2:44 PM
Subject: Re: [data-protection] E-mail addresses personal data?
> In message <[log in to unmask]
> ishCouncil.Org>, at 14:32:05 on Wed, 3 Nov 2004, Antoinette Carter
> <[log in to unmask]> writes
>
>>This company are not actually doing anything illegal directly
>
> Oh yes they are.
>
>>All they are doing is using data mining software to trawl the
>>internet for e-mail addresses.
>
> That is a data protection offence.
>
> "Where the email address is collected from a public space (eg
> website or usenet) on the Internet, it is unfair processing
> (Article 6(1)(a)), contrary to the purpose principle
> (Article 6(1)(b)), and does not satisfy the balance of interest
> test (Article 7(f)).
>
> <http://europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2000/wp28
> _en.pdf>
>
>> The email addresses are not personal data in this case because they
>>don't identify an individual.
>
> Some of them might not, but the majority will. In what sense are you not
> identified as Antionette Carter who works at the British Council, for
> example?
> --
> Roland Perry
>
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