In a message dated 08/06/04 19:16:14 GMT Daylight Time,
[log in to unmask] writes:
> "Mere mention of the data subject in a document held by a data
> controller does not necessarily amount to his personal data" - (Lord
> Justice Auld in Durant).
-------
Even if this judgement were valid (in my opinion it is not just invalid it is
plainly ludicrous in this particular case - the document itself would not
have existed if it were not for Mr Durant's complaint) it would not apply in this
particular argument. An e-mail address used as an intended destination is
not a "mere mention" of a data subject - it is the same as a postal address. If
it were not personal data, all junk mail and spam would be outside the
jurisdiction of the ICO and the ISP in the following case would be able to revert to
its old practices . . .
"The complainant received an e-mail which had attached to it details of over
1400 clients of the organisation which provided him with internet services.
The list included his own details and he complained that client details were
freely distributed on the internet. The internet service provider was not
registered, and was prosecuted. It appeared that when a message was sent by the
internet service provider to some customers about forthcoming service interruption
it was possible for a recipient to copy the e-mail addresses of all the other
addressees of the e-mail. This was then used by one recipient to send
unsolicited e-mails, which in turn caused the complaint. The internet service
provider modified its procedures to prevent personal details being captured in this
way in the future."
(from IC report)
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.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
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
