An email address [log in to unmask] is data capable of
identifying uniquely a living individual. It thus fulfils 1, 2, and 3
below.
The challenge with following a looser definition is that the courts can find
against you much more easily than if you follow a tight definition. I
prefer not to have the courts find against me or my clients.
This law is to be obeyed, not to be weaselled out of, Durant or no Durant.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan (hotmail)
Sent: Sunday, June 20, 2004 9:32 PM
To: [log in to unmask]
Subject: [data-protection] Email Address - Personal Data?
An e mail address is not personal data. I agree with all those who have said
this for the various reasons given, Including (and forgive me for repeating
what has been said) because Durant states that for data to be personal it
has to relate to an individual. This can only be if the data satisfies three
conditions:
1. It is biographical in nature
2. Affects an individuals privacy
3. Be focussed on the individual rather than a transaction or event
An e mail address alone is not personal data within the above context. It
certainly is not biographical.
We may not agree with Durant but I think Durant is very clear.
This is my personal view which I have explained in detail in a recent
article posted on our website.
REGARDS
Ibrahim Hasan
www.actnow.org.uk
Information Law Training and Resources for the Public Sector
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