Chris
That does seem to be the logical result. However that then merely adds another few hundred watts to the highlighting of the serious flaw in the Directive (and the draft Regulation) that presumes (unrebuttably, as far as I can see) that anyone who holds personal data is able to recognise, identify, and proactively communicate with the data subject.
Logically, anyone seen by Mr Rynes' camera, or whose name I search for on Google, or whose IP address is logged by a website, or whose combination of characteristics might one day be discovered by a researcher to be uniquely identifying, will shortly have the right to demand that data controllers hand over all of 'their' personal data under the right to portability. That's a nightmare for both data controllers and for personal privacy :(
Andrew
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:data-
> [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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