[popper]

Originally Posted by Blackbeak

Ok, one thing I would like to add. IP address is NOT PII in any legal act. It may one day become PII but it is not classed as such yet.

I have changed my position based on legal papers presented to me by Dr Clayton. My last comment on the subject was:

I defer to the legal analysis of Nicholas Bohm and retract (though I’ll leave the full original post here for the record) my previous comments. I now agree that a full investigation should be carried out.

If laws have been broken then I agree with you that BT should be prosecuted on your second point for all the reasons you mentioned.

My understanding without any evidence to the contrary (indeed the Home Office/ICO seemed satisfied) was that section 18 of Nicholas Bohms’ document was satisfied. I refer to this section:

“RIPA s3 is relevant to whether that interception can be lawful. RIPA s3(1) makes it lawful if the interception has the consent of both sender and recipient (or if the interceptor has reasonable grounds for believing
that it does).”

My understanding based on your document was that this was satisfied by getting consent from both the consumer and the advertising network.



I don't think anyone in my industry agrees with deception and therefore I will write another post to re-iterate my position.

thats what the Art.29 Data Protection Working Party is for...

see
http://ec.europa.eu/justice_home/fsj...s/index_en.htm

there are some new news entrys, for instance
External Experts

• Call for expressions of interest with a view to setting up a group of experts to reflect on the Data Protection legal framework in the European Union ("The Data Protection expert group" hereafter the GEX DP ") (PDF File 31 KB)
  • Terms of Reference of experts to reflect on the Data Protection legal framework in the European Union (PDF File 10 KB)
  • Application form (PDF File 40 KB)

and perhaps The Working Party should also give interested parties the opportunity to submit their comments about End users and webmasters rights to protection against DPI Interception for profit by the ISPs.


http://ec.europa.eu/justice_home/fsj...m#consultwp147
Data protection issues related to intellectual property rights

The Working Party 29 has adopted a working document on data protection issues related to intellectual property rights (Working Document 104) adopted on January 18th, 2005.

The working document recalls the application of the main data protection principles contained in the data protection Directive (Directive 95/46/EC) in the following two scenarios: First, in the deployment of on-line services using the so-called digital management of rights systems (“DRMs”).

Second, in the processing of personal data to conduct investigations of users suspected of copyright infringement.

The Working Party wishes to give interested parties the opportunity to submit their comments to the Working Document 104 and to this end it has launched this public consultation until March 31st, 2005 [closed]. The comments received by then will be posted on the present website unless a specific request not to do so is mentioned by the respondent.
Contributions received