Well, since it is impossible both to be compliant and to trade in one nation
let alone multiple nations, it is all a matter of balancing risk against
reward.
Anything electronic carries a higher risk than other data.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jim Whitaker
Sent: 19 October 2006 10:17
To: [log in to unmask]
Subject: Re: [data-protection] Personal email addresses are personal data.
Sorry Tim, but what on earth has "sense" (or a European directive or
inter-governmental letter of complaint) got to do with how we make practical
and legally enforceable decisions?
Doubtless there are lots of people who would like things to be different and
they are free to lobby, argue and raise matters in the various courts. But
that has little to do with what the law is today.
I agree that there is a widely held view that Durant is poor law.
Whether it is a poor decision on good law or a good decision on poor law is
probably too theoretical to help other than academic discussions of
jurisprudence.
I accept your point about trans-boundary problems (and wish you luck).
I suspect that you are in a deadly embrace and cannot escape being in
breach of the legal position somewhere, no matter what you do.
Regards
Jim
========================================================
Quoting Tim Trent <[log in to unmask]>:
> 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/detaile
> d_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
>>
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> Any queries about sending or receiving message please send to the
>> list owner
>> [log in to unmask]
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
owner
> [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
owner
> [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
owner
> [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
