Tim Trent on 15 July 2004 at 07:58 asked:-
> The whole thing might be compared to a speed limit in the
> car. It may be
> legal to drive past a school at 30mph, and even reasoanble, law
> notwithstanding, to drive past at 40mph or more in the wee
> small hours. It
> is unreasonable to drive past even at the legal limit at
> school arrival or
> chucking out times.
>
> You know I wrote that and then wondered how realistic that
> analogy was!
Reasonably good analogy when you consider that the legal framework attempts
to reflect that with the "Due care and consideration" requirements.
As has been correctly pointed out, there are often wider considerations
within DP. Interesting when something external to the law forms the
acceptable boundaries of behaviour in many ways, and equally interesting
that in many circumstances legal constraints are apparently needed.
(Consider equal opportunities or discrimination issues for instance or
things like pyramid selling which have in the past shown themselves to be
unacceptable to many.)
I suppose, dependent on the personalities involved the softer issues can
frequently be the more effective argument, but equally because they are
soft, sometimes they will be ineffective, or simply, like fashion, be
changed.
Sad when the legal framework hides or masks unacceptable behaviour, equally
sad when it concretely strictures acceptable behaviour. Some may say it is
a pity people are not all the same, having exactly the same viewpoints, and
then everybody could adhere to the same set of rules thereby reducing the
complexity of choice for action, that could certainly simplify many tasks
people undertake.
Clever how the DP principles seem to be able to largely encompass all of
that, interesting when they do not.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 15 July 2004 07:58
> To: [log in to unmask]
> Subject: Re: Just a thought
>
>
> It is *always* perception that is stronger than reality.
>
> The issue looks so simple to those who look at the law and
> say "But I can
> send this, *legally*" and fail to see that legality does not
> match the needs
> of the recipient.
>
> For example I *need* to receive things I define as relevant
> to me and *need*
> not to receive those that are not. I will thus accept with
> grumbled grace
> UCE that is relevant, but get upset with that which is not.
> And I am no
> different from others, here.
>
> Cross border is, to me, no different from any other permission based
> concept. With permission, no issue. Without permission, conflict.
>
> The whole thing might be compared to a speed limit in the
> car. It may be
> legal to drive past a school at 30mph, and even reasoanble, law
> notwithstanding, to drive past at 40mph or more in the wee
> small hours. It
> is unreasonable to drive past even at the legal limit at
> school arrival or
> chucking out times.
>
> You know I wrote that and then wondered how realistic that
> analogy was!
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville Place,
> Bracknell,
> United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
>
>
>
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>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Duncan Smith
> Sent: Wednesday, July 14, 2004 6:04 PM
> To: [log in to unmask]
> Subject: Re: [data-protection] Just a thought
>
> "Battle won, war lost. Revenue vanishes." T Trent
>
> This can also be true of pan European campaigns. We can
> demonstrate to
> clients that their cross border campaigns are legal
> (extraterritoriality,
> principles of establishment, etc. etc.) but that recipient
> still thinks you
> are wrong.
>
> Arguably then what matters most is the perception of your
> 'public' not what
> the legislators set down in statutes.
>
>
> Duncan
>
>
> iCompli Limited Northampton UK
> T: 08707 70 48 66 F: 08707 70 48 69 M: 07775 56 81 80
> Mailto:[log in to unmask] Web: www.icompli.co.uk
> "Compliance in your language"
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