RE: [Exim] Administrivia: Take down requests

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Συντάκτης: Ben Strawson
Ημερομηνία:  
Προς: 'Phil Chambers', 'Nigel Metheringham'
Υ/ο: exim-users
Αντικείμενο: RE: [Exim] Administrivia: Take down requests
Phil Chambers wrote:
>
> Not having heard of a "Take down request" before, I assume
> that it is not a "request", but a demand and that it requires
> you to remove personal data relating to the relevant person.


I think this person has got his terms mixed up - a "Take down request"
sounds like a DMCA thing, but that legislation is US only, and so
doesn't apply here. Either way, although their terminology is a bit
mixed up, I agree that they are probably within their rights to ask for
removal of information.

I suppose you could argue - if they are in the US, they would have to
appoint people over here.

> In this case, one assumes it to be any messages sent by that
> person. One wonders if it extends as far as replies which
> contain the typical "On Wed, 24 Apr 2002, xxxxxx wrote:"
> followed by the original message!


The Act relates to "Personal Data" - that is data that can be connected
with a living individual in any way. For example, you would have
thought that log files on web servers with just IP addresses wouldn't be
covered. However, they are; an IP address can be used to identify a
computer on the Internet, and from there the individual can be
identified. So, a pattern of accesses to the site could be connected to
a unique, living, person, and hence the data falls under the DPA. The
fact that you'd need to ask the ISP to identify who has the IP address
is not an issue.

So the answer is yes - attributions probably also count under this.

BTW - IANAL, I only coordinate DPA policy within our company - with the
help of lawyers only when we need to approve policy etc.

Ben.

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Ben Strawson                           ben.strawson@???
Good Technology                                       +44 20 7565 8725
332B Ladbroke Grove, London, W10 5AH, UK        www.goodtechnology.com