If IPs are protected information, so how is this handled in E-Mails, on mailing-lists like this and alike?
Have messages to be stripped off IPs before they are delivered? Who's legally responsible for protecting the data? Just an example: Company X could scan all header information from SwiNOG-list. The intention would to check who is using which ISP. Now everybody who's IP comes from company B receives a personalized e-mail with an offer to get a hosting product X cheaper. As I wrote: Just an example. Now there would clearly be a commercial intention behind processing the IPs. My understanding is, that this would be illegal for a Swiss company. But if a company abroad would do this, would it still be illegal? If so, the company couldn't be held responsible. The question is: Would, as a subsidiarily liability, the maintainer of the list or even the provider of the IPs, the ISP, be responsible for not protecting the personal data accordingly? Guido Am Wed, 8 Sep 2010 16:16:52 +0200 schrieb Pascal Gloor <[email protected]>: > I'm trying to make a list of all possible implications/problems that > this ruling can make. Please send me a direct mail with your > questions and I will forward them to a good lawyer (actually, the one > involved in that case). > > So far, questions/implications I've seen or came to me are: > > --- > > Any statistics tool those results are public and contains IP > addresses (webalizer for example). > > This case if clear to me, no need to argue. You can't publish the > IPs. Ensure that you set the correct option to avoid that part of the > stats or maybe there's an anonymizer flag, or maybe, don't make them > public. > > --- > > Wikipedia, if hosted in Switzerland, cannot publish anymore the IP of > anonymous editors. > > This is also a very clear case, you link the IP with an activity and > are therefor protected by the law. > > --- > > Whatever Blacklists without consent of the admin of the IP.. > > That's an open question, these blacklists are often listing services > IP (not personal computers with humans behind). I'm thinking about > anti-spam blacklist, like that SwiNOG one!! I will clear that point > with the lawyer. > > --- > > Complete this list please, I want to be sure we can answer all > questions at one. Maybe I'll setup a page to help people to > understand the implications. > > > Pascal > > _______________________________________________ > swinog mailing list > [email protected] > http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog > _______________________________________________ swinog mailing list [email protected] http://lists.swinog.ch/cgi-bin/mailman/listinfo/swinog
