Duncan Smith on Friday, August 19, 2005 at 12:38 PM said:-

> >>Should a US data controller ignore fair obtaining issues relating to
> personal data collected from elsewhere, or within the EU though?<<
>
> CAN a US data controller ignore EU/UK requirements for fair processing? -
> yes

This is interesting as I thought the fair obtaining issues came to be
written into the laws of nation states as a result of international
agreements/instruments and accords.  That could mean there is little value
in any respective agreements at an international level.

>
> SHOULD a US data controller ignore EU/UK requirements for fair
> processing? -
> depends on your requirement for relationship building.  SPAM and
> Scams work
> on a 'law of averages'; send shed loads, dupe a few, don't worry about the
> rest or repeat business.  The answer for 'reputable' businesses
> however, has
> to be no.

My interest at the moment is not so much in those who knowingly choose to
avoid as those 'reputable' organisations that attempt to build respectable
businesses.

Take a company in Australia for instance attempting to comply with
Australian and EU laws, lore’s, and mores.  At an international level some
broad awareness of some areas can be gained, but that is of no value if when
applied at the national level they CAN afford to ignore issues they are
aware of.

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Duncan Smith
> Sent: Friday, August 19, 2005 12:38 PM
> To: [log in to unmask]
> Subject: Re: Fairly Obtaining
>
>
> Ian,
>
> >>Should a US data controller ignore fair obtaining issues relating to
> personal data collected from elsewhere, or within the EU though?<<
>
> CAN a US data controller ignore EU/UK requirements for fair processing? -
> yes
>
> SHOULD a US data controller ignore EU/UK requirements for fair
> processing? -
> depends on your requirement for relationship building.  SPAM and
> Scams work
> on a 'law of averages'; send shed loads, dupe a few, don't worry about the
> rest or repeat business.  The answer for 'reputable' businesses
> however, has
> to be no.
>
> To ignore any of the data subjects expectations about their data is to
> seriously jeopardise your online relationship, particularly in
> commoditised
> markets e.g. printer consumables etc.
>
> This is also why localisation of marketing campaigns has to account for so
> much more than just language; laws (written and unwritten) must always
> factor into the equation.
>
>
>
> Regards,
>
> Duncan Smith
> Director
> iCompli Limited
>
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