They are outside the EEA. In Botswana. Nothing covers them. Please feel
free to raise hell. Your only valid target is me, however. And it seems
that you will have no complaint about my actions in passing your data to a
third party in a third country without adequate safeguards for your data and
for purposes for which you gave no consent.
When you joined your firm I hope very much that your firm asked for your
explicit consent to the use of data you believe you have given implicit
consent to.
Out of interest, what is your firm's status under the Dec 11th 2003
statutory directive whose name just flew out of my brain? If you are not an
individual subscriber I can spam you to hell and back lawfully. You will
obviously hare me for it and it is a stupid commercial decision of mine to
do it, but I am *allowed* to do it ;)
-----Original Message-----
From: Lewis, Chris G. [mailto:[log in to unmask]]
Sent: 23 March 2005 10:46
To: Tim Trent; [log in to unmask]
Subject: RE: [data-protection] business contact details
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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