In message <[log in to unmask]>, at 09:20:36 on Thu, 8 Feb
2007, Nigel Roberts <[log in to unmask]> writes
>(a) They are wrong in their definition of B2B
We have often discussed what constitutes a "Business" email address. I
have always taken the same view as Elizabeth French, which is that any
email address with a persons name is personal, even if the domain might be
construed as business (see my submission below). I also made the following
observation in that submission to the APIG spam enquiry:
"Some provisions in the Directives above only apply to natural
(rather than legal) persons. However, if an email that would only
be of interest to a natural person (for example, an invitation to
buy Viagra sent to the sales address of a shipping company), is
sent to the address of a legal person, then it ought to be
construed that a natural person is the intended recipient, and the
full protection of the Directives should be provided."
Which was suggested to me by a London-based telecoms regulator who was too
shy to put in his own submission.
You might find the whole item of interest.
<http://www.apig.org.uk/archive/activities-2003/spam-public-
enquiry/written-evidence-submitted-to-the-enquiry/rolandperryevidence.pdf>
It is terse because the rules said only one page per respondent! (And I
cheated by adding the 2nd and 3rd pages as an appendix).
>(b) That such'email bugs' are unlawful (whether under the DPA or the CMA
>or both)
I have chosen to use an email client that doesn't open HTML emails unless
I go to some lengths, and even then it only views embedded pictures and
does NOT activate any external links.
Are you citing the CMA provisions for "unauthorised" modifications to your
computer? If so, then any spam should be caught, not just those that cause
your computer to unwittingly access a distant url.
As for DPA, I tend to agree that the gathering of data that this triggers
is probably another contravention (see submission above) of:
"unfair processing (Article 6(1)(a)), contrary to the purpose
principle (Article 6(1)(b)), and does not satisfy the balance of
interest test (Article 7(f))."
These contraventions are worded in the manner of the original Directives,
I leave it as an exercise for the reader to determine how well these have
been transposed by the DTI.
>(c) That where the location of the bug is outside the EEA, a further
>problem arises.
Processing abroad by the UK-based data controller? Again, this is also a
more general issue with all overseas-run mailing lists.
--
Roland Perry
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|