I agree with much of what Stuart said in his posting about email addresses. Can we not look for an analogy from the Lindqvist case? In the case the ECJ at para. 24 of the judgment stated that personal data “undoubtedly covers the name of a person in conjunction with his telephone coordinates or information about his working conditions or hobbies.” Mrs Lindqvist was held to have processed personal data in breach of the directive merely by putting names and telephone numbers on the web. Although Lindqvist posted other data (but apparently not physical addresses) name and telephone number alone appear to be sufficient to constitute personal data. At para. 27 the Court also said that “identifying … by name or by other means, for instance by giving their telephone number or information regarding their working conditions and hobbies, constitutes the processing of personal data wholly or partly by automatic means within the meaning of Article 3(1) of Directive 95/46.” By such reasoning many (but certainly not necessarily all) email addresses will surely have sufficient information to bring them within a definition of personal data. Laurence Laurence W. Bebbington Law Librarian Information Services The University of Nottingham Nottingham NG7 2RD >>> "Cashmore, Stuart" <[log in to unmask]> 21/06/04 10:42:19 >>> Michael Lord wrote "It is just as valid to call it a personal detail as a landline phone number at home." My partner and I live at the same address, so her landline number is the same as mine. Which of us is it personal to? "Personal (adjective) - belonging to, or for the sole use of, a particular individual" (Collins Compact English Dictionary) "personal" cannot belong to more than one person! Stuart -----Original Message----- From: Michael Jason Lord [mailto:[log in to unmask]] Sent: 21 June 2004 10:25 To: [log in to unmask] Subject: Re: So What About a Mobile Phone Number? The mobile phone number may be a series of numbers but it does identify a number of things. However, it does not identify a handset. It can be used to identify a SIM card but both the SIM and the phone number may be registered to an individual (in the case of a contract mobile it is always registered to an idividual). In cases where the number is registered there will be details held, on one or more databases, of personal/sensitive data for the individual to whom it is registered. When calling a network for assisstance they will always ask for your number as it is their means of identifying you. It is just as valid to call it a personal detail as a landline phone number at home. >>> Tim Trent <[log in to unmask]> 06/21/04 09:51am >>> I have a different view on phone numbers from that on email addresses. A mobile phone number is simply a collection of numbers. Unlike (eg) a National Identity number is it not, of itself, capable of identifying anything except a phone handset or SIM card. It is thus not personal data. However one is capable of arguing that a mobile phone number, since it is a personal attribute, is capable *with other information* of identifying a living individual in the same manner as a photograph. Thus the context of storage and retrieval of the mobile phone number, in my view, creates scenarios where it may be able to be construed as personal data. It differs from an email address since an email address leads "always" to a person and not to a computer. Tim Trent - Consultant Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618 email: [log in to unmask] <blocked::mailto:[log in to unmask]> Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell, United Kingdom, RG12 1BP <blocked::http://www.marketingimprovement.com/> http://www.marketingimprovement.com This message is for the intended addressee's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mis-transmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorised to state them to be the views of any such entity. _____ From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Julian Curmi Sent: Monday, June 21, 2004 9:47 AM To: [log in to unmask] Subject: [data-protection] DP - Email Address - Personal Data? So What About a Mobile Phone Number? The discussion about whether or not an email address constitutes personal data or not, is very interesting. So what about a mobile phone number, whether or not one's own personal mobile phone number or a mobile phone number given to an employee by the respective employer?? May one argue on the same lines?? 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