Tim
Complex is an understatement.
Who takes the time and trouble to analyse a datum to its controller?
I say probably no one.
In most processing situations there are two distinct sets of personal data.
a) the data content being managed (sometimes not personal)
b) the personal data required for the management (this nearly always exists
due to security and audit activities)
In my view to manage email content disputes with an ISP customers who are
individuals have to consider use of the HRA and not DPA. To manage their
service contract data DPA will apply.
(PS Under the EU Directive 95/46 an unknown person cannot be a lawful data
controller)
David Wyatt
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 04, 2004 7:49 AM
Subject: Re: [data-protection] ISP customers and Email
> It gets complex. It's very like a telephony provider.
>
> Your ISP is in some cases the Data Controller. This is when it deals with
> its own business and needs your data
>
> In some cases you are the Data Controller. This is when you send email
> outbound, and when you instruct it how to handle your inbound email.
>
> In some cases "person or persons unknown" are the data controller, when
they
> instruct your ISP to transmit data through its service to you or to others
>
> As a carrier of traffic your ISP is logically neither a controller nor a
> processor, but "has to be one or the other" because the law categorises
them
> as one or the other.
>
> But they have additional duties as carriers, too! And data retention, and
> and and......
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of davidwyatt
> Sent: Tuesday, February 03, 2004 10:57 PM
> To: [log in to unmask]
> Subject: [data-protection] ISP customers and Email
>
> For debate :
>
> For all of us who have an email account with an ISP I would like to have
you
> views on whether the ISP can claim to be the data controller of email sent
> to you.
>
> To start the ball rolling I'll argue they cannot. This is based on the
fact
> it is 'my correspondence' hopefully secured in a manner which keeps it
> private from the ISP's employees and others. The ISP only process for me
as
> part of the services contract I enter into with them?
>
> I am the data controller and claim section 36 Domestic purposes exemption.
> So is the ISP my processor?
>
> Views
>
> David Wyatt
>
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