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DATA-PROTECTION  2004

DATA-PROTECTION 2004

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Subject:

Re: M$oft Information Rights Management Service (run by them)

From:

Ian Welton <[log in to unmask]>

Reply-To:

Ian Welton <[log in to unmask]>

Date:

Tue, 16 Nov 2004 18:25:22 -0000

Content-Type:

text/plain

Parts/Attachments:

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text/plain (100 lines)

Jim Whitaker on 16 November 2004 at 13:12 said:-

> I don't think it does transfer complete control.  Copyright 
> will remain
> with the sender (except in very specific cases, by agreement or
> contract).  The recipient acquires certain inherent rights to use etc.
> the content but I don't think that they are entitled, for example,  to
> make misleading use.

Copyright issues would be valid yes, and clearly legal rights would
appertain where copyright may apply.

Unfortunately not many email communications, which could not count as
artworks or original creations, would fall into such a category, leaving
both individuals and organisations somewhat reliant on the previously
mentioned matters.

Take the British Airways (data processor) and Virgin (data controller)
bookings (data processor abuse) as one example,
And the Gas industry with their credit card launch as another.

Clearly, should Microsoft so choose, or inadvertently cause, because of
contract wording or process/security failure, any data they may hold as part
of their 'Passport' would be subject to the same risks, as well as available
for use by any relevant agency within the country the data resides, to use
in its own vested interests, unless effective controls exist to stop that
occurring.  Do Microsoft themselves not dictate the wording of the passport
contract, does that wording make them a data controller of that passport
data? 

What hope exists in those circumstances for the sender of an email to an
organisation located within the EU to be aware of how their email may be
processed and for what purpose(s)? 

Making their wishes known by inserting a weed date appropriate to the data
content would not seem to be acceptable as they may not be trustworthy.
Sending an e-mail at a later date to recover or cancel the previous one
seems equally fated.

If the originating data subject cannot be trusted (by the organisation), the
recipient organisation cannot be trusted (by the originator), the recipient
organisations data processor cannot be trusted (by the organisation and the
originator), and the regime within the country the data may reside on a
server cannot be trusted (by the organisation and the originator, and the
originating country), clearly the data should not be sent.

Looking at some of the history of Microsoft, as well as considering the
above two examples, privacy, values, trust, effective data protection
regimes, copyright, legal regimes, and monitoring of constraints all appear
important.

(Should any organisation implement 'Passport', do what I was advised to
once, arrange for a visit to the data processor site to check out compliance
with the data processor agreement.  And hope it is in the USA, a warm state
might be nice.)  

After all if no checks are conducted, how can principle 7 be complied with?
;-)

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of 
> Jim Whitaker
> Sent: 16 November 2004 13:12
> To: [log in to unmask]
> Subject: Re: M$oft Information Rights Management Service (run by them)
> 
> 
> I don't think it does transfer complete control.  Copyright 
> will remain
> with the sender (except in very specific cases, by agreement or
> contract).  The recipient acquires certain inherent rights to use etc.
> the content but I don't think that they are entitled, for example,  to
> make misleading use.
> 
> Jim
> 
> ----------------------------------------------
> Jim Whitaker 
> Head of Information Management and Internal Communications 
> British Educational Communications and Technology agency 
> Millburn Hill Road 
> Science Park    Telephone      024 7679 7452  
> Coventry                                  024 7641 6994 (Ext 3341)
> 
> CV4 7JJ         Fax                 024 7684 7071

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