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Well, that may be true in the form that you have written the email - no Dear 
*****, no reference etc, but if I sent an email to Simon Howarth but the 
email starts "Dear Mr Gregg" and contains the address of the person I would 
suggest that the situation is slightly different.

In that case, it would be, I suggest, no different to me receiving a letter 
which has been sent out in wrong envelope ie letters and envelopes are 
switched. This is not such an unusual occurrence with business letters where 
many letters are being sent out and letters get switched and are sent out in 
the wrong envelope (for instance to job applicants).

I wouldn't have thought that if I receive such a letter that I "own" the 
letter - although it is in my possession.

Nick Landau

----- Original Message ----- 
From: "Simon Howarth" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 04, 2007 10:01 AM
Subject: Re: [data-protection] Email footers, Websites etc


>I can't help on the model footer text, however I would say that I have a
> problem with at least the first part of your statement.
>
> If I receive the message, then the chances are it is me that is the named
> person and so even if it has been sent by mistake the message may well
> legally be "mine". I have difficulty in understanding how a lawyer could
> make the statement work in court if it came to prosecuting/defending your
> organisation?
>
> My view is to get rid of that part altogether - after all you don't put it
> on a letter do you (although I understand the argument that they don't go
> astray as often), and I really think it wouldn't stand up in court.
>
> Regards,
>
> Simon Howarth.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Phil Gregg
> Sent: 04 January 2007 09:53
> To: [log in to unmask]
> Subject: Re: [data-protection] Email footers, Websites etc
>
> Oops. Sorry. Sent the previous message via the website so our footer was
> not added! Here it is...
>
> ############################################################################
> ####
> Note:
>
> This message is for the named person's use only. It may contain
> confidential,
> proprietary or legally privileged information. No confidentiality or
> privilege
> is waived or lost by any mis-transmission. If you receive this message in
> error, please immediately delete it and all copies of it from your system,
> destroy any hard copies of it and notify the sender. You must not, 
> directly
> or
> indirectly, use, disclose, distribute, print, or copy any part of this
> message
> if you are not the intended recipient. Newark & Sherwood Homes Limited and
> any
> of its subsidiaries each reserve the right to monitor all e-mail
> communications
> through its networks.
>
> Any views expressed in this message are those of the individual sender,
> except
> where the message states otherwise and the sender is authorized to state
> them
> to be the views of any such entity.
>
> Senders and recipients of email should be aware that, under the Data
> Protection
> Act 1998, Freedom of Information Act 2000 and the Environmental 
> Information
> Regulations Act 2004, the contents may have to be disclosed in response to
> a
> request.
>
> Newark & Sherwood Homes Limited Legal Disclaimer
>
> Thank You.
>
> Newark and Sherwood Homes Limited - Registered address: Kelham Hall,
> Kelham,
> Newark on Trent, Notts, NG23 5QX. Registration Number: 05145364. 
> Registered
> in
> England and Wales. Telephone: 01636 687888. Fax: 01636 655514. Email:
> [log in to unmask] Website: http://www.nshomes.co.uk.
> ############################################################################
> ####
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     All archives of messages are stored permanently and are
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>     If you wish to leave this list please send the command
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>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     All archives of messages are stored permanently and are
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     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)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^