This arose with a client of ours who was using the services of a magazine
publishing house to have the publisher send the client's email to the
publisher's list.
OK A is he client, B is the publisher.
A leased B's list and instructed B to send emails to B's list. B's list is
genuinely permission based, is reputable, and held in high regard in both
sender's and recipients' industries
A recipient complained to A that A was spamming. A took this up with B
because B had given correct safeguards that the list was permission based.
B at this point had assumed that they were the Data Controller of the list.
They were. BUT A was the Data Controller of the email operation because A
had instructed B to email, and to which subsection of B's lists to email.
B was thus Data Controller of the list and Data Processor for A's use of the
list. A was Data Controller and thus wholly responsible for that use of the
list.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lewis, Chris G.
Sent: 01 June 2005 09:16
To: [log in to unmask]
Subject: Re: [data-protection] spam and email lists (was "That conference.
You are wrong to complain!")
One that has been occupying my mind is that if an organisation hosts an
email list like this one, or, say a message posting board, and if
"unsolicited marketing communications" are made via that list or forum, is
it just the individual sending/posting the communication the one breaking
the Electronic Communications and Privacy Regs (and also bits and bobs of
the DPA), or is the hosting party at fault as well? It seems to me that
technically the message is delivered by the list or forum host, so there is
potential for them to be held liable as well as the sender/poster. Has this
arisen anywhere? I know that it came up in the realm of libel (friends
reunited and other instances), but that's a whole different kettle of
miscellaneous swimming things.
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