But their use of my contact details for spam are covered by an entirely
different statutory regime (Electronic Communications and Privacy Regs),
which requires a specific consent for email marketing (whether or not
your email address is in the public domain), so the example's not really
that relevant. 

When I joined my firm, there was a reasonable expectation that my work
details would be made public, and, whilst under the Act's definition of
personal data my name, position and email address constitute personal
data, I have impliedly consented to that information being in the public
domain (e.g. on my firm's website, for all and sundry to use). If people
pass my email address around, and someone contacts me to employ my
service, or even just to ask what time it is, I have no valid complaint
to that use of my personal data. However, I have not consented to any
unsolicited electronic marketing under the regs, and can raise hell
about any that I receive.

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 23 March 2005 10:40
To: [log in to unmask]
Subject: [data-protection] business contact details

Ok, oh picky one!

Your details are now on my computer.  I have no consent of any formal
description from you for any purpose save the normal purpose of
corresponding with you.

I am now about to pass your details to "Big Spammer Incorporated" for
serious money, and now feel justified because you consider you have
given "implicit consent" which is no consent at all, but I am a cavalier
person and don't care!

How do you feel about that use of your data?  And does that feeling
alter depending in the content of the spam?  "Big Spammer Inc" sends
everything ranging from hard core porn to pet food spam.  It also is the
source of phishing attacks and the Nigerian Scam.  At what point do you
explode and lodge a complaint against me, always assuming you can prove
it was me?

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lewis, Chris G.
Sent: 23 March 2005 10:30
To: [log in to unmask]
Subject: Re: [data-protection] Passing on official details

Unless, of course, we're being picky and defining "personal data" under
the Durant judgment, in which case my name, title and work email address
probably wouldn't in and of themselves, come under that judgment's
exceedingly narrow definition of personal data.

Also, I think that my work contact details would be considered to be
public information of a sort and therefore its public dissemination is
something to which I have impliedly consented?

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 23 March 2005 10:24
To: [log in to unmask]
Subject: Re: [data-protection] Passing on official details

The business contact details are capable of identifying a living
individual
and are thus subject to the act.   "Chief Executive Officer - Marketing
Improvement Ltd" is actually sufficient to identify my chief exec even
though his name does not appear, because there is but one chief exec,
and is thus personal data.  "Consultant - Marketing Improvement Ltd" is
insufficient because there are several of us.  Thus it is not.

"Tim Trent - Marketing Improvement ltd" is personal data within the
meaning of the act.

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