Re: Is this legal
I've found this from there - I've spoken to someone who runs the site and he has allowed me to post this from there
Quote:
Accessing your chat admin log (personal information)
When you sign up for a Lycos chat profile, you are required to enter your real name and address. This also required Lycos to be registered under the Data Protection Act 1998 as they are holding personal information a computer and must appoint a data controller to manage the processing of processing personal information.
If your chat profile contains your real name and address, you become legally entitled to view all records that Lycos holds about you on their servers, It doesnÃƒÂ¢Ã¢â€šà ¬Ã¢â€žÂ¢t matter where it is hosted, it is Lycos UK Ltd that has legal responsibility that it complies with the law regarding the holding and processing of personal information. This can include:
ÃÃ*’Ëœ All e-mails
ÃÃ*’Ëœ Letters and faxes
ÃÃ*’Ëœ Comments an opinions others have made about you (including reasons why a navigator command was used and by whom)
ÃÃ*’Ëœ Actions performed against your name. (including navigator commands used)
You do not have the right to know the full name of the navigator or administrator (only chat name) performing a command on your name
You can ask for this information in writing, and Lycos has a duty to provide you this information and can charge a fee not exceeding the prescribed maximum (currently £10). You can make this request even if your chat name is subject to a ban, a removeuser or even if Lycos or an administrator has claimed the information is permanently deleted or destroyed.
In other words, you have the legal right to access and view your own admin log! If you wish to view your admin log then you should strictly follow this procedure without deviation.
Step 1
If you are subject to a ratban or a removeuser, log on to the chat and contact a chat administrator and ask for the return of your profile so you can be satisfied that the personal information contained in is removed under your personal supervision. You can make this request by e-mail if you prefer. And record all conversations. Text evidence as well as screenshots are both admissible as legal evidence.
Ask the chat administrator for access to the information contained in the admin logs associated with your chat profile. If you do not get a satisfactory response, or you are advised that the information you are requesting is labelled as †œNavigator Infoââ‚ ¬Ã‚ÂÂ, proceed to Step 2.
Step 2
Copy and complete the following letter and post it to Lycos UK using a Special Delivery envelope from any post office. Do not e-mail it. It must be addressed to whom Companies house names as a director of Lycos UK Ltd.
[YOUR ADDRESS FOR CORRESPONDENCE]
[LINE 2]
[LINE 3]
[YOUR POSTCODE]
Mr Alex Kovach,
Managing Director,
3rd Floor Terminal House,
Grosvenor Gardens,
London, SW1W 0AU.
[TODAYS DATE]
Dear Mr Kovach.
My name is [FULL NAME] and [I AM/USED TO BE] a user of Lycos Chat under the screen name of [CHAT PROFILE NAME] which is operated by your company.
I am writing to request all the information to which I am entitled to under section 7(1) of the Data Protection Act 1998.
I would be particularly interested in any discussion or opinions expressed within your organisation of my person, reputation, character, history or behaviour, actual or perceived, although this request should also cover all or any other readily accessible information you may have, as prescribed by the Act.
I would hope that you will be able to comprehensively search all your records. However, to assist you with my request I would suggest that you first focus on the records known as the admin logs which records information about me in relation to your Internet chat rooms service.
As you may be aware, the definition of †œpersonal dataâ₠¬Ã‚ under the new Act covers both facts and opinions about you as an individual, as well as information regarding the intentions of your organisation towards you as an individual.
This request should therefore cover any internal and external memos, emails, faxes and any other correspondence or personal data as defined under the Act.
If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate official. If you require a fee in keeping with the prescribed maximum under the Act please advise in writing only.
I understand that under the Act I should be entitled to a response within 40 days and I look forward to hearing from you at your earliest convenience.
Yours faithfully
[NAME]
If you get no reply, an unsatisfactory response, or are advised the information you have requested has been permanently deleted, proceed to Step 3.
Step 3
You can now ask for an assessment by the Information Commissioner. The Information Commissionerâ↡¬â„¢s Office is the UK supervisory authority reporting directly to the UK Parliament and oversees the compliance and enforcement of the Data Protection Act 1998.
Under Section 42 of the Data Protection Act 1998 any person who is or believes himself to be subject of personal information may ask the Information Commissioner to carry out an assessment of processing of personal data.
Having received such a request, the Information Commissioner is normally under a duty to state whether it is likely or unlikely that the processing of personal data has been or is being carried out in accordance with the requirements of the Act.
You must first complete an assessment request form available from the commissionerâ↡¬â„¢s office here
if you are already proficient in completing forms accurately, go straight to Step 4.
Under Part 1, Complete your name and address. (Chat navigators and administrators do not get to see this)
Under Part 2, complete the name and address for Lycos UK as above.
Enter the Companies House Registration number for Lycos UK Ltd as 3923511
Under Part 3a, enter "Public Internet chat rooms service, screen name [PROFILE NAME]"
3b, enter customer
3c, enter personal data including facts and opinions about myself
3d, put a line through the †˜nââ â€šÂ¬Ã¢â€žà ¢ where it says †˜y/nâ₠™
Under Part 4, enter the date you became aware you profile was deactivated, or a chat navigator or administrator made an entry into the admin logs against your Lycos chat room username.
Part 5a, you have a choice of eight options, tick only one box which is most applicable in your case. If your chat profile is deactivated, tick box 6 and attach a copy of the letter you sent above.
5b, Enter the reason why you think the information you have requested has been withheld. Attach copies of any F8â₠¬ÃƒÂ¢Ã¢â‚¬Å¾Ã‚¢s and e-mails and other supporting documents and list these in Part 5c.
Part 6 Give in as much details as you can describing that the actions of this information that has been withheld has caused you much distress and where possible give evidence where you have been subject to a case of defamation of character and attach any documents and screenshots to support your case.
Part 7. Put a line through the †˜yââ â€šÂ¬Ã¢â€žà ¢ where it says †˜y/nâ₠™ and leave Part7c blank.
c, If you received a written reply from Lycos UK Ltd (disregard any e-mails or F8â₠¬ÃƒÂ¢Ã¢â‚¬Å¾Ã‚¢s, these do not count unless they are an exhibit accompanying an affidavit) attach a copy, and write under Part 7c †œSee attached letter from Lycos UK Ltdââ‚ ¬Ãƒâ€šÃ‚Â. If you have not received a reply, enter †œNo correspondence has been received to the best of my knowledge as at [TODAYS DATE]†ÂÂÂ
Part 8 Write in †œNONE.â € and leave Part 8b blank.
Part 9 Remove the †˜nââ â€šÂ¬Ã¢â€žà ¢ where it says †˜y/nâ₠™ indicating you wish to receive a copy of the documents you have sent to the commissioner.
Put a line the †˜yââ â€šÂ¬Ã¢â€žà ¢ where it says †˜y/nâ₠™ to indicate that you have not given authority for anyone else to act on your behalf. If a solicitor or other person is completing the form for you, they will need to cross out the †˜nââ â€šÂ¬Ã¢â€žà ¢
Part 10. Print your full name, sign and date the declaration page, then mail it to the address shown on the form.
Step 4
1. They decide there are insuffient grounds to enter a case under Section 42 of the Data Protection Act and will take no further action and advise you of their decision.
2. They decide there are grounds and can proceed in any of the following ways:
Assign a visiting Officer to attend Lycos UK Ltd to determine either the Information has been removed or corrected, or take the necessary steps to remove from their computer the information you have given on the form.
Issue a Section 40 Enforcement Notice to the Lycos UKâ₠¬ÃƒÂ¢Ã¢â‚¬Å¾Ã‚¢s data controller and failure to comply with that notice will result in a Criminal Record.
Or, the most likely route,
Request a voluntary undertaking from Lycos UK Ltdââ‚ ¬ÃƒÂ¢Ã¢â‚¬Å¾Ã‚¢s appointed data controller, or a named Director/Company secretary given by Companies House, whereby they provide a sworn affidavit stating the information has been removed from all their computers, and that is has not been passed on to any third party. Lycos will be responsible for the costs of the affidavit as the Commissioner can make an Order or enforcement notice issued on behalf of the Secretary of State.
The Commissioner cannot award you compensation, but can provide you with further information on making a claim against a Data Controller in a County Court to enforce your rights or he can consider your complaint and make an assessment to proceed with a case.
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