So, to take that to a logical illogicality, a list of porn stars and
personal details, with details of unusual specialisms, may well not be
illegal!
No wonder porn sites are the only truly thriving eCommerce application
(source: Gartner)!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Charles Oppenheim
Sent: Tuesday, November 11, 2003 8:39 AM
To: [log in to unmask]
Subject: Re: [data-protection] Websites, Data Export, ?Silliness?
I agree with Tim. Putting pornographic materials on a Web site is
considered to be publishing it, even if do not push it at anyone, i.e., they
had to reach over and retrieve the stuff. Yet putting personal data on a
Web site is considered not transfer. The Court's decision flies in the
face of common sense.
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
01509-223065
(fax) 01509-223053
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, November 11, 2003 7:51 AM
Subject: Websites, Data Export, ?Silliness?
> I've been trying to think this through. It's one of those "Dammit I
> have
to
> get to grips with this" problems.
>
> Did the Swedes prosecute Ms Lindqvist because she was a soft target
> and
they
> wanted to flex their muscles?
>
> Was it "passed upwards" because Ms Lindqvist would be a cheap test case?
>
> Ok, that's the cynical part done. Only I remain perplexed. "The
> placing
of
> personal data on a web site is not an export. Those who read it
> imported
it
> instead." Or, that is how I have read the court's response.
>
> I have a pallet of tinned fish. It is in my front garden with a sign
> on
it
> saying "Please take this pallet." You, a Star Trek fan, are in the USA.
> You reach over with the Transporter, and dematerialise the fish and
> materialise it in your back yard. I have not exported the fish. You
> have imported it. You could have used a shipping agency to collect
> the pallet, of course, but transporting it was much more fun. Only I
> contend that to IMPORT something it must also be EXPORTED. Logically
> I have not exported the fish myself. But someone has. Who?
>
> If I go on holiday to Spain and bring back a pocketful of sand I have
> imported the sand into the UK from Spain,and have also exported it
> from Spain in my pocket.
>
> How does Ms Lindqvist's web site with her list of names differ from my
> pallet? Is a pocketful of sand different form a pallet of fish?
>
> It the real issue that Ms Lindqvist "caused data to be exported", but
> that there is no regulation against "causing data to be exported"?
> And that
the
> court is pedantic and correct? And does that mean that all who read
> the site outside the EEA were actually committing the sin of export,
> and
shoudl
> be traced via their IP addresses and prosecuted? (Please, that one is
> a rhetorical question!).
>
> If we take this to a different level, does that mean that, if I
> publish a website I am not responsible for the content, and that the
> responsibility passes at once to the reader? That one is outside the
> scope of data protection, but is nonetheless of interest.
>
>
>
>
> 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/>
> http://www.marketingimprovement.com
>
>
>
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