If it has been the data protection act then no-one is prosecutable unless
they have a physical legal trading entity in the land where they are
prosecuted. Now the Bailiwick of Guernsey is special since it is not in the
EU, but is also "in the UK" except when it does not want to be, it seems.
So was this a valid case under UK law, or should it have been brought under
BofG law?
Colchester is an interesting choice of court venue, too, since the company's
registered office is a long way from there and its HQ is in Falkirk!
The SI says:
"Proceedings for compensation for failure to comply with requirements of the
Regulations
30. - (1) A person who suffers damage by reason of any contravention
of any of the requirements of these Regulations by any other person shall be
entitled to bring proceedings for compensation from that other person for
that damage."
What possible damage can he have suffered? If my assumption that this is
travel and lodgings to Colchester is right (and I have no reason to believe
that it is right, but it "feels right") then he was not entitled to these,
since costs cannot be awarded in the small claims process. Equally I was
sure that "out of court settlements" were not a part of the small claims
procedure (the original article I quoted from may be at fault here)
I can see no possibility for damage suffered here.
I do not say this because my profession is marketing. I encourage all
businesses to deeply Permission Based marketing at all times so my stance is
quite the reverse! I say this because I cannot conceive of damage caused by
the arrival of UCE.
http://www.google.com/search?q=%22Nigel+Roberts%22+alderney may tell us who
he is. I will be emailing him to ask why he brought the action
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 28 December 2005 15:51
To: [log in to unmask]
Subject: Re: [data-protection] Extraordinary UK Court Ruling on Spam
In message
<!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAPXBGIO/iT9Ov9ycm
[log in to unmask]>, at 14:30:30 on Wed, 28 Dec 2005,
Tim Trent <[log in to unmask]> writes
>The part I find very odd is that Alderney (Bailiwick of Guernsey) data
>subjects can pursue claims in UK Mainland courts for laws that are not
>part of UK law, or that UK law is said by the judge to extend to
>Alderney. It also looks to me like a procedural error on the part of
>the district judge, on which basis I presume Media logistics Uk could
>actually appeal a small claims court decision
The offender is in the UK, and it is a UK law he's offended (presumably by
spamming a natural person's email address); the claim was under section
30(1):
http://www.opsi.gov.uk/si/si2003/20032426.htm
Meanwhile, to add to the mystery, some reports say he chose £300 damages
(£270 + his £30 filing fee) as that was the limit for a small claim.
However, it's actually just the lowest band for a small claim (bands set the
fees), which can be as much as £5000.
--
Roland Perry
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