Bluedell 5,884 Posted March 18, 2014 Share Posted March 18, 2014 Thanks BD. What then about passing the information (email and DOB) on not being for the purposes for which it was originally gathered? Not 100% sure. Perhaps what the guy in the thread means is that there is no requirement for Gersnet to register under the DPA, appoint a Data controller and pay the annual fee. However if Gersnet did start distributing email addresses then they may fall foul if it (or other legislation). However given it would take a court order for email addresses to be revealed (and even then many would be useless anyway), it hopefully isn't something for anyone to worry about. 0 Quote Link to post Share on other sites More sharing options...
bluebear54 0 Posted March 18, 2014 Share Posted March 18, 2014 Not 100% sure. Perhaps what the guy in the thread means is that there is no requirement for Gersnet to register under the DPA, appoint a Data controller and pay the annual fee. However if Gersnet did start distributing email addresses then they may fall foul if it (or other legislation). However given it would take a court order for email addresses to be revealed (and even then many would be useless anyway), it hopefully isn't something for anyone to worry about. Many thanks BD. It's more as a matter of interest in finding out where forums sit in relation to the DPA than anything else. I would tend to agree with your thoughts about not being required to register etc. and would also go along with your thoughts on further distribution of data. The internet is such a relatively new vehicle that it's fascinating (and not entirely set in stone) to look at how forums sit in relation to libel, defamation etc. This brings us full circle to the Sandy Easdale vs SOS Facebook issue, which also coincidentally raises DPA concerns. 0 Quote Link to post Share on other sites More sharing options...
the gunslinger 3,366 Posted March 18, 2014 Share Posted March 18, 2014 If they want my name and address frankie just give them it I would love to go to court over this. 0 Quote Link to post Share on other sites More sharing options...
BrahimHemdani 1 Posted March 18, 2014 Share Posted March 18, 2014 (edited) They feel such descriptions are detrimental to their business reputation. And would therefore constitute actionable defamation, as I am sure the lawyers drew to your attention. However, they would have to prove actual loss I think which might be difficult if not impossible to quantify. I don't think that there would be an award for punitive damages in this country unless he could prove "actual malice". This may be of interest http://inforrm.wordpress.com/2014/01/06/defamation-act-2013-section-5-its-decision-time-for-website-operators-ashley-hurst/ Edited March 18, 2014 by BrahimHemdani 0 Quote Link to post Share on other sites More sharing options...
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