Outlook is configurable only to read at plain text. This means you can have
the same semi-protection at work as you do at home. But it will not, as no
email client can, protect you from uniquely encoded links which you decide
to click or not.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 08 February 2007 14:17
To: [log in to unmask]
Subject: Re: [data-protection] Spam and email bugs (Long, but interesting .
. )
From a technical perspective its more than consent - the computer, acting on
your instruction, has requested this image. The data collected is no more
detailed than that available to any other web site which you visit. While
it is certainly acquired underhandedly, I'm unsure how many laws it breaks.
My advice, if it possible that you may follow it, is to use an email client
which displays information as plain text. Not only will you be protected
from such information disclosure but this will also protect against
malicious or virus type software embedded in the email. Things don't look
as lovely of course, which is a shame, but personally I have resigned myself
to that for my home email. My work email on the other hand I can't change
as its proper Outlook not Outlook Express, so I'm not afforded the same
protection.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of RONAN DURNIN
Sent: 08 February 2007 10:46
To: [log in to unmask]
Subject: Re: [data-protection] Spam and email bugs (Long, but interesting .
. )
In response to Paul and Nigel's emails, my own opinion on this one is that
there is certainly illegal harvesting of information - that is these
programs are collecting information without explicit consent of the email
recipient.
When I get email I tend to check the sender and subject line before opening;
if I recognise the sender and the subject is what can be reasonably expected
from that sender I will open the mail. If the subject line is ridiculous or
gobblydegook I won't open the mail. Based on these 'criteria' I wonder
whether or not simply reading an email which contains such e-nasties could
be considered as an expression of consent?
========================
Ronan Durnin
Business Support Officer
NIGALA
79 Chichester Street
Belfast
BT1 4JE
(02890 316557 DDI)
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 08 February 2007 10:37
To: [log in to unmask]
Subject: Re: [data-protection] Spam and email bugs (Long, but interesting .
. )
In my Outlook Express there is an option on the 'security' tab to "Block
images and other external content in HTML e-mail". If an e-mail arrives
with images I get the option to view them or not. I don't know whether this
is the default setting or not, but it obviously should be.
On the wider points, I think organisations could justifiably claim to have
difficulty in distinguishing between B2B addresses and B2C - and indeed
between sole traders and companies. Although it is a technical breach of
the Privacy & Electronic Communications Regulations (because I am a sole
trader and use my own personal e-mail account) I feel fairly relaxed about
getting e-mails from companies exhibiting at conferences where I have
registered, even if I haven't given consent.
The use of hidden techniques to find out about people who have opened an
e-mail is clearly a breach of Data Protection if the individual is
identifiable. But often the sender could claim not to know (or be likely to
find out) who the individual is.
On balance, therefore, I wonder whether there is actually a breach here,
however bad the practice.
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: "Nigel Roberts" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 08, 2007 9:20 AM
Subject: Spam and email bugs (Long, but interesting . . )
I was spammed again yesterday. It almost certainly happened to you.
It happens to me a lot, since I have been the registrant of a number of
domain names and my email addresses have been harvested from the .COM etc
WHOIS database, and are now sold.
Keen followers of such things will remember the case of Roberts v Media
Logistics where I obtained modest damages from a company which spammed me.
That was a default judgment so it was still unclear whether or not a court
would give judgment to a recipient of spam. That uncertainty has been
cleared up by at least two cases (on in England where nominal damages of £50
were awarded) and one in Scotland where substantial damages were awarded
within the last fortnight (The defendant was ordered to pay £1300 including
the pursuers costs).
The spam email I got yesterday did not have any details of the senders
company, just an 0845 telephone number. Ironically,the advertisement was
again for car leasing facilities (pretty useless on an Island where I can
walk everywhere!!)
I telephoned this number and was told that they had employed an 'email
marketing company' to send out their material to 'opt-in' recipients, and
gave me their company name and that of the marketing company.
I telephoned the marketing company. I told them the date, time, and content
of the email I had received. They said it was not opt-in, but B2B only. I
asked for details of what data they had, and how they got it. They initially
said that they would insist on a £10 fee, but I persuaded them to give me a
verbal indication.
I was somewhat surprised at the alleged source (to say the least!), but
since I am awaiting confirmation from them in writing, and am taking advice,
I will not mention the company concerned.
The company insisted that an email address of [log in to unmask]
was fair game. (In fact the email address used is no longer used as a
business address since it became polluted by spam -- I simply check it in
case anyone has written to me personally from an old address book).
The marketing company told me "But we have no record of you having opened
and read the email". I said: "Why should you". I was told that they use a
package called 'graphicmail' which is standard in the industty and can
provide the date and time a person reads an email as well as aggregated open
rates.
I investigated the HTML code, and found references to invisible gif files on
servers in the USA. Anyone who reads their email using (e.g.) the HTML
formatting of Outlook or Outlook Express will, without their knowledge or
permission, be caused to access these gif files, providing a considerable
amount of data, such as whether the email was opened, the IP address is was
opened at, the type of browser/email client and in fact all the information
that the HTTP protocol provides.
All without informed consent, and to a destination where Data Protection Law
does not apply.
I think that
(a) They are wrong in their definition of B2B
(b) That such'email bugs' are unlawful (whether under the DPA or the CMA or
both)
(c) That where the location of the bug is outside the EEA, a further problem
arises.
Any observatins will be most welcome. . .
Nigel
--
Nigel Roberts FBCS DipEngLaw(Open)
Tel. 01481 822800
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