Thursday, February 10, 2011

Letter I Want To Be A Dentist

CRISIS CRISIS ON PENALTIES FOR NOT SEND MAIL blind copies (Bcc)




In recent days I received some emails from friends, forwarded in turn to other people, in which a certain alarmist tone is to inform us so that we care, as the English Agency for Data Protection is putting sanctions for not using the blind copy (BCC). These emails say things like "Eye of the data": There is already a statement by forwarding email without removing previous data from other users. Anything goes, in order to raise money from citizens. Fines for sending mail without BCC. € 600 fine for not using the BCC. Citizens have been fined € 600 for failing to delete addresses to forward mail.

Who produces and disseminates this information (which, after flowing through the network through massive forwards do citizens of good faith), you probably do not know or knows little about the law and more specifically the Organic Law and Data Protection Regulations. Therefore, it is good that lawyers intervene to qualify, define and put in place is wrong information.
is true that the English Agency for Data Protection means that email address is personal data and on a few occasions, been punished individuals for sending emails without using the BCC. But the fact remains that the sanction applied to those citizens not by the use of mail in the domestic sphere, but because it was use in professional or business activities and in these cases, which applies the Law on Data Protection . The AEPD passed these people saying that when the data we have in our personal agendas, personal leave this area and are used for professional or business purposes, we would find ourselves incardinated data processing in the scope of the Data Protection Act.

The PDPA Article 2.2. referred to the scope of it, says Tasat: This Law shall not apply to files maintained by individuals in the pursuit of purely personal or household activities . So when I, not professionally, but from my house, as a private person, sending emails to my personal contacts, but do not use the Bcc, never, under any circumstances, I may be sanctioned by the AEPD since these activities fall in the scope of the Data Protection Act. In the same line pronounce Directive 95/46/EC, which states that should be excluded from the application of the Act: "the processing of data carried by an individual in the exercise of purely personal or household activities, such as correspondence and the keeping a code of directions. "


Therefore, if I as an individual (not professionally) I have an electronic file with all the addresses of my friends, which as all know we use a PC, although this activity technically be considered a data processing under Article 2.2 of the Data Protection Act quoted above, in any way will be subject to the scope thereof. What matters to the law, which technically is not being performed data processing, but such treatment is taking place in an exclusively domestic or personal.

Thus, we must be clear that these shipments can be made to the e-mail address we have on our friends, in a strictly personal, will not be sanctioned by the AEPD. Another thing different is that it is always advisable to make submissions preserving the identity of our contacts through the use of the CCO and also that, when we will forward these emails, let us try to delete all e-mail addresses appear on them and for two very important reasons:

One because we have to be respectful to those people we have included in our contacts with those who may not like to give out your address to others. We must be careful not to reveal his identity. Another, because if we do not take these precautions, we will facilitate this bad practice that is spam and will not be contributing to their elimination.

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