----- Original Message -----
From: "Nigel Roberts" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, March 22, 2007 1:10 PM
Subject: Re: [data-protection] Obtaining email addresses from websites
> And the unlawfuless is generally ignored until someone like myself or
> Gordon Dick decides to do something about it . .
>
> The ICO is a chocolate teapot when it comes to spam.
For further analysis and background to Nigel Robert's action see
http://www.out-law.com:80/page-6503.
But see this in relation to the question of business addresses:
"On 19th October, the court ruled in favour of Roberts. Media Logistics did
not appear in court to defend the action. A damages hearing was scheduled
for January 2006. Settlement negotiations took place by mail, but Roberts
still wanted to know how the company got his email address. Eventually,
after refusals and misinformation, the source of the data was revealed, by
Media Logistics' solicitors: a company called Vserve Limited. That company
was dissolved in 2004.
The solicitors explained why his email address had been used: "Our client
assumed in good faith that it was a business e-mail address and therefore
our client deemed it reasonable to market its services to you."
If it were a company email address, it is true that the company's activity
would escape the reach of the 2003 Regulations. But like many email
addresses, there was no way to tell from Roberts' address in isolation
whether it was a home or business address.
Roberts pointed out by reply that, if the argument was true, the person
dealing with the complaint at Media Logistics might have expressed it
sooner. "I simply don't believe him," he wrote of the individual handling
the complaint within Media Logistics. Roberts described it as "simply a
transparent attempt to justify his spamming activity".
Nick Landau
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