I think it is even simpler than that:
Common sense says that the UK cannot be an island with a different
interpretation of the original directive for ever.
Since the majority of business crosses international boundaries (recognising
the most government does not) it makes sense to disregard any limitations of
Durant etc on the definition of personal data where an email address is
concerned. Indeed for business it makes sense to disregard Durant entirely.
Weaselling around a definition in order to defend a position is inherently
wrong. Instead the moral high ground should be taken in every case.
Think "If this were my white haired old mother, would she object to this use
of what she believes to be her data?" If she would, then do not do it.
If you are your own white haired mother, do not do it anyway. (Sorry,
watched the rerun of Donnie Darko and got confused there for a while)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 19 October 2006 08:58
To: [log in to unmask]
Subject: Re: [data-protection] Personal email addresses are personal data.
Now, that opens another interesting area. The Durant case post-dates the
guidance issued by Elizabeth France. Do we assume that Durant supersedes
it, or do we assume that since the ICO hasn't revised and reissued the
guidance they are still confident that it represents the best current legal
guidance available, Durant notwithstanding?
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: "Jim Whitaker" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, October 18, 2006 4:48 PM
Subject: Personal email addresses are personal data.
The current guidance from the IC says (in part):
"In the context of the Internet, many e-mail addresses are personal
data where the e-mail address clearly identifies a particular
individual. The Commissioner is Elizabeth France. The e-mail address
[log in to unmask] is thus personal data about the
Commissioner."
(Taken from
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_spec
ialist_guides/data_protection_act_legal_guidance.pdf)
Not much room for argument there or is there?
So yes, I think that the Council have disclosed personal information
in a way which is a breach of the requirements.
Regards
Jim
=========================================================
Quoting Roland Perry <[log in to unmask]>:
> 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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