Author: Ian Eiloart Date: To: W B Hacker, exim users New-Topics: [exim] Spanish Law Subject: Re: [exim] My DNS Spam and White Lists are Ready for Testing
--On 22 July 2006 22:29:08 +0800 W B Hacker <wbh@???> wrote:
>
>>> doesn't matter -- it may still identify a single living
>>> individual, and so is personal data.
>>>
>
> Not so long as it is stored without any other user-relevant information,
> it is not. Even less so than a list of telephone numbers without names
> would be.
>
But, the IP address is stored with an opinion as to whether the address is
a spam source. Without additional information, the IP address list would be
meaningless.
An IP address may identify an individual, and it may not. Marc's not asking
whether it does, and is therefore bound to end up with lots of personal IP
addresses, and opinions as to whether those addresses are spam sources.
So, it is plausible that this is illegal in Spanish law. It may also be
illegal in UK law. It's probably not generally illegal to store IP
addresses, but it might well be necessary to take the precautions required
by the data protection act if you store my DSL connection's fixed IP
address, since a reverse DNS lookup will link it to my name. I also have a
virtual server, with an IP address attached to a domain with my name in the
whois records. Many IP addresses are connected with companies rather than
individuals, so they probably are safer to collect.
I doubt that any of this has been tested in the courts, so the legal status
of dns blocklists may be regarded as dubious at worst. I don't think Marc
is doing anything different from any other list - except that he makes a
claim about the legal status that is probably too broad to justify. The
claim doesn't address legal jurisdiction, so it's a very broad claim.
