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DATA-PROTECTION  2006

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Subject:

Re: Councils using cc lists for a mailing

From:

"Broom, Doreen" <[log in to unmask]>

Reply-To:

Broom, Doreen

Date:

Thu, 19 Oct 2006 11:19:46 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (173 lines)

Also, e-mails are accepted in a Court of Law as evidence.
D 

-----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 11:11
To: [log in to unmask]
Subject: Re: Councils using cc lists for a mailing

I hesitate to get too involved here, as this is getting a bit esoteric,
but it does illuminate some basic issues.  I'm starting to come down on
the side of saying that most e-mail addresses should be regarded as
personal data. 
The definition in s.1(1) of the DPA says that data is personal if the
individual can be identified from the data itself or "[the] data and
other information which is in the possession of, or is likely to come
into the possession of, the Data Controller."  If you could make the
link (for example through a reference book that lists chief executives
by name which is somewhere in the possession of the Data Controller -
not just in the hands of the individual who happens to be looking at the
e-mail) then an e-mail address of 'chief executive@ ... ' could easily
be personal data.


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: Thursday, October 19, 2006 10:05 AM
Subject: Councils using cc lists for a mailing


Interesting debate.  The fact that we are having it is an indictment
of the present state of knowledge and shared understanding about DP
between practitioners and the legal position and the regulator.

For what it's worth, my take is as follows:

[log in to unmask] is personal data and I will treat it as
being covered by DPA.  It is personal data just exactly as my home
address is.

[log in to unmask] is not personal data, any more than
Chief Executive, BigISP Ltd, Any Street, Anywhere is.  That given a
date, I can associate a name with the job title seems pretty
irrelevant to me.  And certainly needs to be treated on an equal
footing as between email and postal addresses, which I think
illustrates the logic behind my views.

Looking at the position if we were talking about work email addresses
of senior individuals in public bodies subject to FOIA adds further
thoughts about disclosure.

Regards

Jim


=============================================================
Quoting Tim Trent <[log in to unmask]>:

> I know this sounds like a broken record, but yes, by itself, at any
time.
>
> If there is one person in the position of Chief Executive, no matter
who
> that person is, no matter what the date, that email is capable, when
seen,
> of identifying a particular living individual.
>
> It does not matter that yesterday it was Jethro Binks and today it is
Tim
> Trent, nor that tomorrow it will be Angela Rippon.  What matters is
that 
> it
> is capable of identifying at any time the unique living individual who

> holds
> the position of chief executive.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Jethro R Binks
> Sent: 18 October 2006 23:52
> To: [log in to unmask]
> Subject: Re: [data-protection] Councils using cc lists for a mailing
>
> On Wed, 18 Oct 2006, Tim Trent wrote:
>
>> Jethro, it's an email address, in an email, which has a date.  But,
>> date notwithstanding, it identifies a unique living individual.
>>
>> Even in an undated document it identifies the unique individual in
>> post at the time.
>>
>> In either case it is personal data.
>
> ... with the additional data - the date of reference.  Not by itself.
>
> Jethro.
>
>

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