Maybe it's just cos it's Friday, but:
On Fri, 13 Apr 2007, Lee Gardiner wrote:
> Emails I send from my work address are clearly 'corporate' in that they
> represent my employer's views/actions as presented by me
From: Lee Gardiner <[log in to unmask]>
and yet:
> Just my humble point of view on this sunny Friday!
So this mail from your work address, is it corporate and representing your
employer's views/actions, or is it your humble point of view?
Jethro.
>
> 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
> >
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jethro R Binks
Computing Officer, IT Services
University Of Strathclyde, Glasgow, UK
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
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
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|