Sorry Tim, but what on earth has "sense" (or a European directive or
inter-governmental letter of complaint) got to do with how we make
practical and legally enforceable decisions?
Doubtless there are lots of people who would like things to be
different and they are free to lobby, argue and raise matters in the
various courts. But that has little to do with what the law is today.
I agree that there is a widely held view that Durant is poor law.
Whether it is a poor decision on good law or a good decision on poor
law is probably too theoretical to help other than academic
discussions of jurisprudence.
I accept your point about trans-boundary problems (and wish you luck).
I suspect that you are in a deadly embrace and cannot escape being
in breach of the legal position somewhere, no matter what you do.
Regards
Jim
========================================================
Quoting Tim Trent <[log in to unmask]>:
> I think it is even simpler than that:
>
> Common sense says that the UK cannot be an island with a different
> interpretation of the original directive for ever.
>
> Since the majority of business crosses international boundaries (recognising
> the most government does not) it makes sense to disregard any limitations of
> Durant etc on the definition of personal data where an email address is
> concerned. Indeed for business it makes sense to disregard Durant entirely.
>
> Weaselling around a definition in order to defend a position is inherently
> wrong. Instead the moral high ground should be taken in every case.
>
> Think "If this were my white haired old mother, would she object to this use
> of what she believes to be her data?" If she would, then do not do it.
>
> If you are your own white haired mother, do not do it anyway. (Sorry,
> watched the rerun of Donnie Darko and got confused there for a while)
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Paul Ticher
> Sent: 19 October 2006 08:58
> To: [log in to unmask]
> Subject: Re: [data-protection] Personal email addresses are personal data.
>
> Now, that opens another interesting area. The Durant case post-dates the
> guidance issued by Elizabeth France. Do we assume that Durant supersedes
> it, or do we assume that since the ICO hasn't revised and reissued the
> guidance they are still confident that it represents the best current legal
> guidance available, Durant notwithstanding?
>
>
> Paul Ticher
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> I hereby require any recipient of this message not to use my personal data
> for direct marketing purposes.
>
>
> ----- Original Message -----
> From: "Jim Whitaker" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, October 18, 2006 4:48 PM
> Subject: Personal email addresses are personal data.
>
>
> The current guidance from the IC says (in part):
>
> "In the context of the Internet, many e-mail addresses are personal
> data where the e-mail address clearly identifies a particular
> individual. The Commissioner is Elizabeth France. The e-mail address
> [log in to unmask] is thus personal data about the
> Commissioner."
>
> (Taken from
> http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_spec
> ialist_guides/data_protection_act_legal_guidance.pdf)
>
> Not much room for argument there or is there?
>
> So yes, I think that the Council have disclosed personal information
> in a way which is a breach of the requirements.
>
> Regards
>
> Jim
> =========================================================
> Quoting Roland Perry <[log in to unmask]>:
>
>> In message
>> <[log in to unmask]>,
>> at 14:16:32 on Wed, 18 Oct 2006, "Tinsley, Chris"
>> <[log in to unmask]> writes
>>> Is an email address personal data? I am sure that this has been
>>> discussed before but am not sure that there was any consensus.
>>
>> Elizabeth France issued specific guidance that an email address *was*
>> personal data.
>>
>>> An email address contains no biographical data so may not be
>> considered >personal data.
>>
>> Even if we accept that restriction (which I don't) the mailing list in
>> question reveals the biographical information that the people concerned
>> signed up to a particular contentious consultation with Cambridge
>> County Council (oops, that just slipped out).
>> --
>> Roland Perry
>>
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