Re: [Exim] Administrivia: Take down requests

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Author: Frank S. Bernhardt
Date:  
To: Ben Strawson
CC: 'Phil Chambers', 'Nigel Metheringham', exim-users
Subject: Re: [Exim] Administrivia: Take down requests
Well, if it applies to log files on web servers, what about log files and system backups on intermediate
servers? If h?? posts went through several mail servers to reach the lists and they were logged or happend to
get added to a backup tape, what happens then? Does each admin have to restore the backups and remove/obscure
the information.

This is just getting silly.

Ben Strawson wrote:

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

>
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>
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--

Regards

Frank S. Bernhardt
b.c.s.i.
14 Halton Court
Markham, ON.
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