Good debate...
My view is that the ISP would not be the data controller for the information
contained within the actual email, intended for the recipient for which
David would be the Data Controller (and claiming S.36) but they would be the
data controller for the information relating to David i.e dates, times,
costs relating to the account.
As far as the content and context of the email is concerned then they do not
have to be a data processor as defined because if you are claiming Section
36 you are exempt from the principles, including P7 which requires a data
processor agreement (Sch 1, Part 2, paras 11 and 12). Happy to be
corrected.
Peter Lane.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of davidwyatt
Sent: 03 February 2004 22:57
To: [log in to unmask]
Subject: 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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