This issue was created as confusing because the PECR was drafted in "Comms
law" form when it really ought to have been drafted in DPA form.
Whether the email address identifies and individual or not (DPA) is not
relevant to PECR which concerns itself only with "Individual Subscribers", a
term unheard of in DPA terms.
I have multiple email accounts, and those I use for work are split. I have
a corporate email, this one, where I am not any form of subscriber (I pay no
bills and am not in any way responsible for the service), and I have an
account I use as a sole trader, where I am the Individual Subscriber. The
problem with the second is that it *looks* corporate, but it *is*
individual.
You may (at your peril, because I dislike it intensely and have a blog!)
spam the bejasus out of me at this address, but do it at my Individual
address and I have the right to complain to anyone who will listen,
including the courts.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
Personal blog: http://timtrent.blogspot.com/
See also http://complianceandprivacy.com
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 13 April 2007 10:00
To: [log in to unmask]
Subject: Re: [data-protection] Opt out lists
Lee Gardiner wrote:
> But the issue isn't 'natural person' surely?
>
> It's what constitutes a subscriber and in the case of
> [log in to unmask], @company.com is the subscriber
> therefore by definition it can't be the individual.
Is it? I don't think that's obviously and necessarily so, although it MIGHT
be. (Remember EU law has to be give a purposive, not a literal
construction.)
What does the directive say in other languages, I wonder.
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