Generally I think I agree with Tim.
In a couple of the examples given
[log in to unmask] and
[log in to unmask] I would strongly argue that these
were not personal email. This would allow individuals to hide behind DP
when dealing with corporate issues which is surely not acceptable. This
would be particularly so in a public organisation context where making
them personal would exempt anything contained in them from an FOI
request which is also unacceptable.
I have "nicked" this from the BBC website as good practice.
Individual email addresses may or may not be personal information
depending on what information may be gleaned from the email address and
what other information the data controller holds, but a collection of
email addresses MUST be processed in a way that complies with the DPA.
This is because amongst a collection of emails there will be some email
addresses that give personal details and other email addresses which do
not. For example, an email address such as
[log in to unmask] reveals the
individual's full name, that he may be of school-age (alternatively he
may, of course, be a member of staff at the school), the school that he
goes to and provides a means of contacting him; these factors mean that
this email address is personal data. An email address such as
[log in to unmask] is less likely to be personal data.
Chris Tinsley MSc
Wiltshire County Council
Information is the key
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 18 October 2006 14:52
To: [log in to unmask]
Subject: Re: [data-protection] Councils using cc lists for a mailing
Let us look at the wider view, then:
[log in to unmask] is generic
[log in to unmask] is personal - there is only one
of
him
[log in to unmask] is personal
[log in to unmask] is now personal because I have given you the
information that it is my address and thus it can, with information in
or
likely to come into your possession, uniquely identify me.
Unless you want to wade through the entire email database you hold
weeding
out those that are generic (etc) then it is wisest to treat all as
personal.
I would not find your definition "An email address is simply an address
for
correspondence like a PO. Box, is not biographical and is usual
non-personal" advice that I could give any of my clients with any
feeling
that I had done them a correct service.
Where email addresses are concerned there are multiple dangers to the
sender, and extreme caution should be used at all times.
With regard to 1,000 names in the "To" field, well I think I would be
particularly evil were my name to be on such a list from a public body
I would complain to the UKIC under the DPA, and I would enter a FoIA
request
to the body asking about their practices with email addresses, their
policy,
and details of how often the policy had been breached.
I view my email privacy as sacrosanct and will go to great lengths to
protect it
-----Original Message-----
From: Tinsley, Chris [mailto:[log in to unmask]]
Sent: 18 October 2006 14:34
To: Tim Trent; [log in to unmask]
Subject: RE: [data-protection] Councils using cc lists for a mailing
That is far too simplistic an answer. [log in to unmask] is a
genuine email address but is not personal as it identifies no one and is
in
fact used by a group. [log in to unmask] may be personal address
but
does it really identify any one.
[log in to unmask] may identify me and my
political
leanings so might even be sensitive data. An email address is simply an
address for correspondence like a PO. Box, is not biographical and is
usual
non-personal (in my view).
Chris Tinsley MSc
Wiltshire County Council
Information is the key
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 18 October 2006 14:28
To: [log in to unmask]
Subject: Re: [data-protection] Councils using cc lists for a mailing
An email address is data that is capable of uniquely identifying a
living
individual, and is thus personal data
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tinsley, Chris
Sent: 18 October 2006 14:17
To: [log in to unmask]
Subject: Re: [data-protection] Councils using cc lists for a mailing
Is an email address personal data? I am sure that this has been
discussed
before but am not sure that there was any consensus. An email address
contains no biographical data so may not be considered personal data. I
do
believe the council should not advertise everyones address.
Chris Tinsley MSc
Wiltshire County Council
Information is the key
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 18 October 2006 13:57
To: [log in to unmask]
Subject: [data-protection] Councils using cc lists for a mailing
I've seen the following report on Usenet, somewhat [redacted] to protect
the guilty, what do people think?
>I filled in the online consultation for the [high profile County
>Council
planning proposal] and supplied my email address to be kept >informed
of
progress. I have just had an email from the county council >informing
me of
a series of public exhibitions.
>
>All well and good but the email was sent directly with the list of
>almost 1,000 people in the To: field, not as a BCC:. A quick glance at
>the list reveals [several local people I recognise]. Can they do this?
>Surely basic data protection prevents them broadcasting my email
>address
to all and sundry.
--
Roland Perry
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