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DATA-PROTECTION  July 2007

DATA-PROTECTION July 2007

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Subject:

Re: This really is not good practice, nor is it welcome

From:

Ian Welton <[log in to unmask]>

Reply-To:

Ian Welton <[log in to unmask]>

Date:

Wed, 4 Jul 2007 10:39:36 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (237 lines)

Shame on them exhibiting so little corporate social responsibility!

Although the example provided strikes me as being no more than illustrative
of one type of approach within DP and many other areas of law - identifying
what can be got away with, or more correctly testing and challenging the
boundaries,

Principle one and two have always appeared to be areas of more or less mass
abuse, so it should perhaps be of no surprise that a company which
ostensibly provides training in DP should perhaps also be exhibiting an
example of that abuse.  In those circumstances in my opinion openly naming
and shaming would only make advertising available to companies who openly
adopt questionable practices.

This type of abuse seems to me to have some commonality with various forms
of spamming which appear to be frequently used by many to assist them in
things like recruiting (and attempting to mislead others), although if I
recall correctly harvesting email addresses is not something which even the
ICO openly supports.

To report or not to report that is the question.

Having said that, ignoring other regulative controls and remaining only with
the DPA, in the circumstances described would principle two be breached, or
only principle one?


Ian W

The data in this email should only be used in the context of data protection
discussions on the [log in to unmask] list.




-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 03 July 2007 16:22
To: [log in to unmask]
Subject: Re: This really is not good practice, nor is it welcome


Back in, I think, December 2006, we ran a poll regarding commercial use of
the list.  And I truly do not mind at all when an organisation or individual
in good standing (ie a contributor of things other than adverts) runs a
simple, single, hype-free message to offer their wares when they are
relevant to us.  We learn a great deal from education.

What I take as abuse is an attempt to get around our rules (the more so
since the JISCMail rules are stern about commercial use).  I am amazed that
an organisation has harvested email addresses from our list to use in an
email shot, and the more amazed that this organisation offers education in
Data Protection.

I feel there are serious lessons they need to learn from this.  I am fondly
imagining that they will now be actively removing all such harvested
addresses lest they be named and shamed in the future.

Simon Howarth wrote:
I know who this organisation is and I receive contact under the very same
conditions. I have, up to know, not done anything much, but feel I must
stand up and be counted and say that what is written below is not an
isolated incident. I won’t name and shame at this point, suffice to say that
the person that dispenses advice only seems to do so just before they place
an “ad” on the list for their services.



I too am a consultant in information privacy and data protection with public
sector clients all over the country, but I would never overtly advertise on
here as I believe it devalues the list. I have on occasion contacted members
off list with a note that “I am here”, but that is all (as far as I recall).
My organisation also provides courses etc., I wonder if the list would be OK
with many private organisations advertising on this list? I for one find the
list incredibly useful and informative and I would hate for one rogue outfit
to have all non-education organisations banned from this list, not least
because they have blatantly run roughshod over what they are supposedly
experts in! Do people really want to deal with such organisations, I wonder?



Can we just stop “overt” advertising, or if it is deemed useful how about
inviting “us that would like to offer services” the opportunity to do so on
maybe one day a month, so at least people are expecting it and take action
accordingly? Just a thought.



Simon Howarth.



From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 03 July 2007 09:55
To: [log in to unmask]
Subject: [data-protection] This really is not good practice, nor is it
welcome



As a moderator of this list I received a long email today form a list
member.  The nub is this paragraph:

"I recently starting receiving unsolicited e-mails from a company claiming
to provide DP information, but also advertising a large number of their
courses.  I have a copy of the e-mail correspondence if required.  After
some effort and repeated e-mails, the company concerned finally admitted
that I had not, as they said invited this contact, nor had my PA (I wish)
given consent when they rang.  They put me on their mailing list because one
of their "colleagues" had "helped me" with a DP question and had therefore
deemed it appropriate to add me to their mailing list."

There is no valid argument for behaving in this manner.  If a company is a
purveyor of course we have already agreed that the list may be used to make
one simple clean advertisement.  We ran a poll on this some time ago, and
the results may be inspected on the JISCMail site.

I am firing this general shot across the bows of this organisation via the
individual who is a member here.  Membership of this list is a privilege
normally extended to all, not a right.  It would be a shame if we
degenerated into a closely moderated mailing list.

I am seriously tempted to ask my correspondent to name and shame the
organisation concerned.

--


----------------------------------------------------------------------------
----

Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find the news
first
personal blog: timtrent.blogspot.com/
petition:: Let's rebuild and refloat the Cutty Sark

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House, 30 Redditch, Bracknell, Berkshire, RG12 0TT.


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--

----------------------------------------------------------------------------
----

Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find the news
first
personal blog: timtrent.blogspot.com/
petition:: Let's rebuild and refloat the Cutty Sark

Important: This message is private and confidential. If you have received
this message in error, please notify us and remove it from your system. This
email and any attachment(s) are believed to be virus-free, but it is the
responsibility of the recipient to make all the necessary virus checks. This
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owners of Compliance And Privacy, unless otherwise stated. Their copying,
transmission, reproduction in whole or in part may only be undertaken with
the express permission, in writing, of Meadowood Associates, at Meadowood
House, 30 Redditch, Bracknell, Berkshire, RG12 0TT.

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