I don't disagree with anything that has been said about good practice in the
use of e-mail, but I do think it's important to try to work out whether
there is also a clear legal basis to work from. I think that's what
Elizabeth France tried to do, but this has since been made less certain by
Richard Thomas's guidance on Durant.
Durant didn't only address non-computer records. The other part of the
argument was about the definition of 'personal' where the conclusion was
that the information has to be biographical in some way, not just 'relate'
to the individual (which is the basis of one of the EC's objections). Many
e-mail addresses would identify the individual but not contain any
additional biographical data.
I agree that it would be very dangerous to rely on this to claim that e-mail
addresses are not personal data, but it would be even better if the law was
clearly aligned with the common-sense conclusion that they are - because
then there might be more hope of getting organisations to take good practice
(and common courtesy) more seriously.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: "'Paul Ticher'" <[log in to unmask]>; <[log in to unmask]>
Sent: Wednesday, October 18, 2006 3:50 PM
Subject: RE: [data-protection] Councils using cc lists for a mailing
>I disagree. Apart from it only being wise to rely on Durant when only in
> the UK, the email address is held in a computer system.
>
> Also please note a google search on my own email address:
> http://tinyurl.com/yaze5g
>
> An email address is absolutely capable of identifying a living individual.
> As such it is covered under the DPA 1998
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Paul Ticher
> Sent: 18 October 2006 15:45
> To: [log in to unmask]
> Subject: Re: [data-protection] Councils using cc lists for a mailing
>
> But in the Durant case guidance, which was issued later, under Richard
> Thomas, it says:
>
> "mere reference to a person's name where the name is not associated with
> any
> other personal information" is an example of "information which will not
> normally be personal data". It then goes on to say that "where an
> individual's name appears on a document or e-mail indicating only that it
> has been sent or copied to that particular individual, the content of that
> document or e-mail does not amount to personal data about the individual
> unless there is other information about the individual within it."
>
> While this does not specifically address the question of whether the
> e-mail
> address in itself is personal data, the implication is that it may well
> not
> be - even if you can indeed identify the individual from the address (and
> quite possibly where they work, as well).
>
> I completely agree with others that it is definitely not good practice to
> spray people's e-mail addresses around for no good reason. It is far from
> certain, however, that this is covered by the Data Protection Act, which
> could have interesting implications if one suffered harm as a result of
> the
> information being disclosed in this way and then sought compensation.
>
>
> Paul Ticher
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> I hereby require any recipient of this message not to use my personal data
> for direct marketing purposes.
>
>
> ----- Original Message -----
> From: "Roland Perry" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, October 18, 2006 3:08 PM
> Subject: Re: Councils using cc lists for a mailing
>
>
>> In message
>> <[log in to unmask]>, at
>> 14:16:32 on Wed, 18 Oct 2006, "Tinsley, Chris"
>> <[log in to unmask]> writes
>>>Is an email address personal data? I am sure that this has been
>>>discussed before but am not sure that there was any consensus.
>>
>> Elizabeth France issued specific guidance that an email address *was*
>> personal data.
>>
>> >An email address contains no biographical data so may not be considered
>> >personal data.
>>
>> Even if we accept that restriction (which I don't) the mailing list in
>> question reveals the biographical information that the people concerned
>> signed up to a particular contentious consultation with Cambridge County
>> Council (oops, that just slipped out).
>> --
>> Roland Perry
>>
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