It gets complex. It's very like a telephony provider.
Your ISP is in some cases the Data Controller. This is when it deals with
its own business and needs your data
In some cases you are the Data Controller. This is when you send email
outbound, and when you instruct it how to handle your inbound email.
In some cases "person or persons unknown" are the data controller, when they
instruct your ISP to transmit data through its service to you or to others
As a carrier of traffic your ISP is logically neither a controller nor a
processor, but "has to be one or the other" because the law categorises them
as one or the other.
But they have additional duties as carriers, too! And data retention, and
and and......
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of davidwyatt
Sent: Tuesday, February 03, 2004 10:57 PM
To: [log in to unmask]
Subject: [data-protection] ISP customers and Email
For debate :
For all of us who have an email account with an ISP I would like to have you
views on whether the ISP can claim to be the data controller of email sent
to you.
To start the ball rolling I'll argue they cannot. This is based on the fact
it is 'my correspondence' hopefully secured in a manner which keeps it
private from the ISP's employees and others. The ISP only process for me as
part of the services contract I enter into with them?
I am the data controller and claim section 36 Domestic purposes exemption.
So is the ISP my processor?
Views
David Wyatt
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