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.
The individual does not choose to subscribe, the company do and then allow
the individual to use that address in their capacity as part of the
corporate whole.
Emails I send from my work address are clearly 'corporate' in that they
represent my employer's views/actions as presented by me whereas home emails
form @hotmail.com or similar are sent from a service I *choose* to subscribe
to.
Just my humble point of view on this sunny Friday!
Lee
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: Fri 13 April 2007 09:44
To: [log in to unmask]
Subject: Re: [data-protection] Opt out lists
No, but I think it's worse than that.
I think it all turns on the construction of the term 'subscriber'.
I don't agree with TICO's apparent interpretaton that
[log in to unmask] is not a natural person.
But this could only be determined by a higher court, and for reasons already
explained, will never get there.
Tim Turner wrote:
> I'm probably flogging a dead horse now, but I think the original DTI
> consultation might be helpful. I know you'll all have it to hand, but just
> in case you've mislaid it, have a look here:
>
http://www.dti.gov.uk/sectors/telecoms/privacyregulations/consultation/page1
> 0105.html
>
> On page 19, it specifically says that the Directive leaves it to member
> states "to decide how to protect the legitimate interests of subscribers
who
> are legal persons". So while I have to be protected as an individual
> subscriber, the UK government has latitude to, as I see it, let people
spam
> me at work. The specific bit on pages 40-41 again makes clear the DTI's
> thinking that allowing B2B spam is something they are entitled to do and
> intend to do.
>
> If the DTI were right, then the fact that PECR allows B2B spam is not a
> breach of the Directive, and the issue then becomes (back to page 19), is
a
> person home user, a sole trader or partnership? If they are, then junk
email
> is still a breach of the regs. If they are a company or limited liability
> partnership, then junk emails can be sent.
>
> Or am I going mad?
>
> Tim Turner
> Data Protection / FOI Officer
> Legal and Property Services
> Wigan Council
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Roland Perry
> Sent: Thu 12 April 2007 10:15
> To: [log in to unmask]
> Subject: Re: [data-protection] Opt out lists
>
> In message
> <[log in to unmask]>,
> at 09:34:19 on Thu, 12 Apr 2007, Tim Turner <[log in to unmask]>
> writes
>> I think that PECR was designed to allow business to spam other
>> businesses,
>
> It was designed to transpose the Privacy Directive 2002/58/EC
>
>> so spamming "[log in to unmask]" would not breach PECR.
>
> 13.1: "... electronic mail for the purposes of direct marketing may
> only be allowed in respect of subscribers who have given their
> prior consent."
>
> Which only covers subscribers who are natural persons (and we are all
> familiar with the fact that the subscriber is company.com, and what types
of
> company are regarded as natural persons).
>
> But if the email address you quote is personal data (I agree that there is
> some debate over that) then spamming them at work is a breach of several
> aspects of the underlying Data Protection Directive.
>
> One of the features of Directives is that they can't *allow* something
that
> another Directive *forbids*. So although the Privacy Directive may be
weaker
> in this context than the DP Directive, the full force of the DP Directive
> still applies.
> --
> Roland Perry
>
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All archives of messages are stored permanently and are
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If you wish to leave this list please send the command
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All user commands can be found at
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Full help Desk - please email [log in to unmask] describing your
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To receive these emails in HTML format send the command:
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
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http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
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All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
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Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
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