Chris,
If I understand the point it is that organisation A can collect the non-PD, (the IP address and location data) provide that to organisation B (as it is not personal data). Whereupon Organisation B takes that data and combines it with other data to identify the data subject and turn the benign (non PD) data into PD without the data subject becoming aware of it or consenting to it.
Is this correct?
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Pounder
Sent: 02 February 2015 10:19
To: [log in to unmask]
Subject: Post script on my blog: Hawktalk: ECJ Ryneš ruling implies IP addresses are personal data in themselves
The discussion has missed the main point of my blog which is not limited to IP addresses but the following (thanks to Recital 26 of Directive 95/46/EC).
Suppose an organisation collects non-identified data (e.g. an IP address; location data) knowing that these data are to be disclosed to another organisation who will then identify (or attempt to identify) an individual (e.g. who is attached to a particular IP address, or at a location) then the first organisation is a data controller, thanks to Recital 26 (and obviously the second organisation is also a controller). For the first organisation to be a controller in the context of a disclosure, the IP address, location data in themselves have to be personal data (and the right to object to marketing etc is engaged). This is what Ryneš is suggesting.
See blog on: http://amberhawk.typepad.com/
C
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