In message
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[log in to unmask]>, at 12:49:12 on Wed, 18 Apr
2007, Tim Trent <[log in to unmask]> writes
>It *is* a network, even though the connections are often ad hoc, and
>not necessarily wanted or consciously permitted. And, since it is a
>network, it falls within the various laws and directives and
>regulations which say "Spam me at your peril".
I am reliably informed that bluetooth connections are *not* a PECN,
according to the definitions in the Framework Directive, which stipulate
that such a network should be "wholly or mainly" used for conveying a
*publicly* available electronic communications service.
There are many types of radio transmissions which convey messages that
aren't PECS. eg Citizens Band.
The intentions of those who drafted the Act are that it should be a
faithful transposition of the Directive, and that therefore Bluetooth
transmissions like this would not fall within the definition of a PECN.
(And if it's not a PECN, it's not covered by PECR.)
Obviously, you might find a lawyer to argue differently in court, but
you are starting from a position of attempting to overthrow the
intention of the Act.
Meanwhile, I've stumbled over this resource, which describes "nuisance
communications", which will no doubt give rise to plenty of new
discussion:
http://www.kent.police.uk/About%20Kent%20Police/Policy/m/m15.html
Finally, I note that I get a mention in the TICO guidance mentioned a
few days ago ttp://tinyurl.com/2lfgyp .
On page 28, I am that "witness"!
On reflection I have agree that my comments were pre-PECR (and seeking
to influence PECR), but did not have the desired effect. And as a result
PECR is drafted in terms of the corporate *subscriber*, and ignores the
rights of individual *recipients* who are employees of such a
subscriber. However, I still maintain that this does not affect the
status of such individuals' email addresses as being personal data
(Under DPA, not PECR, of course).
--
Roland Perry
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