CMA, DP or any other legislation, I consider their story weak at best.
Accidently including code to log a load of data, over a prolonged period of time. Did no one notice the data arriving? They were presumably examining the data as a matter of course, did no one notice that it was somewhat larger than would be expected?
Did they re-use code without checking what it did?
Even the tone of the blog post annoys me. We're so sorry and we care about privacy. Is that why they're driving cars around taking hundreds of photographs her minute? Daft.
Ian
________________________________
From: This list is for those interested in Data Protection issues on behalf of Robert (Bob) Waixel
Sent: Sun 16/05/2010 23:03
To: [log in to unmask]
Subject: Re: [data-protection] Google Street View
Tim, Colleagues,
Im not sure the CMA would be able to brought to bear... it is a
cumbersome bit of legislation anyway.
Under CMA it is an offence to 'attempt unauthorised access' to a
computer system or its data (eg by guessing login and password) but I'm
not sure that if one broadcasts info 'in clear' it isn't inviting the
passing world to view it, from a CMA point of view? S
At least thats my initial view without looking into it further....
BoB Waixel., MBCS, CITP, Part time Lecturer, Anglia Ruskin University.
PS And under DPA might not a defence run that it had been 'intentionally
made public' by the Data Subject?
===============================================================
Tim Trent wrote:
> What about The Computer Misuse Act for gathering the data at all,
> especially since it was gathered in bulk?
>
> On 16 May 2010, at 22:11, Roland Perry wrote:
>
>> In message
>> <[log in to unmask]
>> <mailto:[log in to unmask]>>,
>> at 11:09:13 on Sun, 16 May 2010, Tim Trent
>> <[log in to unmask]
>> <mailto:[log in to unmask]>> writes
>>
>>> That was quite a stupid alleged mistake, was it not?
>>
>>>
>>> "Let's include this bit of code. I wonder what it does. Oh gosh
>>> look, number 27's bank details are here"
>>
>>
>> Only if it was being transmitted during the half a second the car was
>> passing by and logged into that hotspot.
>>
>>> Yes, the damage is limited because it was on the move, but, surely,,
>>> some sort of DPA breach has occurred despite the total stupidity of
>>> having unsecured personal WiFi
>>
>>
>> The argument is presumably something akin to "you published it to
>> anyone, you can't complain if anyone received it". If the data didn't
>> belong to the hotspot admin, then that's probably yet another offence.
>> --
>> Roland Perry
>>
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