Peter :
This was where my thoughts had taken me.
Also my email correspondence cannot be readily managed by me as my ISP does
not provide me with all the tools to do so.
So who is responsible for the management of that content.
Note that responses to this email via the list or directly end up on my
ISP's back up system ;-)
David
----- Original Message -----
From: "Peter Lane" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 04, 2004 6:58 AM
Subject: Re: [data-protection] ISP customers and Email
> Good debate...
>
> My view is that the ISP would not be the data controller for the
information
> contained within the actual email, intended for the recipient for which
> David would be the Data Controller (and claiming S.36) but they would be
the
> data controller for the information relating to David i.e dates, times,
> costs relating to the account.
>
> As far as the content and context of the email is concerned then they do
not
> have to be a data processor as defined because if you are claiming Section
> 36 you are exempt from the principles, including P7 which requires a data
> processor agreement (Sch 1, Part 2, paras 11 and 12). Happy to be
> corrected.
>
> Peter Lane.
>
>
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of davidwyatt
> Sent: 03 February 2004 22:57
> To: [log in to unmask]
> Subject: 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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All user commands can be found at : -
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