Lee & White

Dedicated to Excellence

  • Home
  • About Us
  • Services
  • Blog
  • Press
  • Publications
  • News
Home > Blog
Go Back
  • The Year of Privacy: 2013

    Wednesday, January 4, 2012

    2013Is this a typo? No, it isn't, the outlook for data protection is bleak, and no immediate improvement is to be expected.

    First of all, the team at Lee & White would like to wish you a Happy New Year.

    Happy because you chose to come here on your own accord and happy that we did not spam you with - probably sincere but spam wishes all the same and which are likely to be loaded with the inevitable commercial 'opportunities'.

    As the new year has just started, we are hopeful that protection of personal data and control over use of your own personal data will improve significantly.

    But looking back, what happened in 2011?

    • A year of major privacy incidents that made it harder - but still normal to many- to ignore the importance of such incidents.
    • The rise of moguls that devour personal data and any other data they can 'find', who make it difficult for you to control who is (ab)using your data, and even make you want and think it is normal to share your most personal of data with the world, but mainly the moguls themselves.
    • Personal data collection devices with functions such as recording, tracking, spying, eavesdropping, ... commonly known as smartphones.
    • ...

    2012 will be the year of
    • Street View becoming even more commonplace, exposing your most private locations.
    • Spies recording your every move and thought using their personal data collection device.
    • Full commercial exploitation of our most personal data of all... our face.
    • Automatic identification and tracking through techniques such NFC, RFID, Bluetooth, GSM, Wifi, face and car registration recognition.
    • Economic crisis... if privacy does not obviously have a positive business case (despite the fact that it actually does), then it gets deferred or cancelled.
    • Basically, no place to hide or control who processes your personal data.
    • ...
    Technology is moving very fast, lawgivers are trying to keep up, priorities are economic and profit rules.

    Well, I'm sure privacy will be top of the agenda in 2013.

    Read the Full Story

    Posted by: Lee & White

    Category:

    Tags Data Breach Private Persons Personal Data Spam Government Organisations Internet IT

  • House for Sale

    Wednesday, October 14, 2009

    You are in search of a house. You visit real estate agents, you drive around, you enter the World Wide Web.

    The Internet. A good place to gather as much information as you need without having to leave your home. Perfect. Let's get started.
    You begin your search using the search engines available. Hundreds and thousands of links appear on your screen giving you information about houses available for sale, for rent, and other connected information. You are pleased.

    You dig deeper - looking for the right area, for the right number of rooms, for the best price.

    Ah, you finally find a few potentials in these websites.
    You begin contacting the agent or the property owner via email or the contact form.

    You divulge your personal information such as name, email address and contact number for a viewing.

    At the same time, note that the property owner has given his personal information such as name, address of the house for sale/rent, email address and contact number on the website too.

    Basically, if you have used the website's contact form, then that website has collected your personal information. It now has both yours and the property owner's personal information.

    You wait for an answer.

    Some time later, one of the property owners contacts you - surprised that you have his contact information and asking about his house which has been sold - 2 years ago!

    Another email you receive is from the postmaster stating that the message you have sent has been delayed - the email address is probably no longer in use.

    Now think. What is the website doing with all these personal information stored? Why isn't old information being removed? Contact information and pictures of houses of property owners who have sold their houses ages ago are still advertised on the website and misleads the visitor. And through this misleading information, the website collects your personal information as well. So what is going to happen to your personal information? Are third parties getting hold of your personal information? There is no privacy statement informing you of the handling of your data. You contact the website but you receive no answer.

    The property owner is also not happy. He contacts the website for his information to be removed. Days later, he checks the website. His information is still there! Spammers happily clog his mailbox using his email address advertised on the website and he keeps getting phone calls about his sold house.

    It is a nightmare.

    Read the Full Story

    Posted by: Lee & White

    Category:

    Tags Private Persons Personal Data Spam Internet

  • Permission is the key

    Tuesday, November 18, 2008

    Whilst unwanted electronic messages to natural persons are already taboo in the Netherlands, as of July 2009, spam will be completely prohibited - extending the illegality of spam to cover companies and other organisations. Indeed, this is the result of a modification to the existing Telecoms law.

    Companies or organisations continuing to spam after the 1st of July 2009 can be punished with a maximum fine of 450,000€. If spam is still sent, then a complaint is possible on the spamklacht.nl site. The OPTA (Independent Post and Telecoms Authority, the Netherlands) will be supervising compliance to the law. Only upon explicit permission to receive such electronic messages (including SMS and faxes), can these be sent to the receiving party.

    And what is the situation in Belgium?

    In Belgium, permission is the general rule, with a limited number of exceptions.

    With the Belgian E-commerce law, the opt in rule for publicity electronic messages is in effect. One can only send electronic messages for publicity purposes where there is a preceding authorisation. Also, the commercial communication, including its presentation, must be immediately recognisable to the receiving party as being such upon receipt of that communication. If this is followed, then it is technically not spam.

    However, the opt-in rule is subject to a few exceptions, making it a soft opt-in approach:

    First Exception: Own customers/clients
    The rule is exempted where the commercial communication is aimed at the organisation's own customers/clients (natural or legal persons). This exception only applies in the following conditions:

    a) The organisation has directly obtained the contact data of the person concerned in the course of a sale of a good/service. [NB: The privacy law concerning the collection of such data must be respected].

    b) The electronic contact data are exclusively used for similar products and/or services which the organisation itself provides.

    c) The organisation gives the customers (when the electronic data are collected) the possibility of objecting to the use of such data in an easy manner and free of charge.

    Second Exception: Legal persons
    The opt-in rule is exempted if the following 2 conditions are met:>

    a) If the contact data is impersonal, and

    b) If the product promoted is intended for that legal person.

    Hence, by laying down these ground rules, one can surely see that there is no room for spamming.

    So get the intended recipient's permission first if you can't resist sending that commercial communication of yours! 

    Read the Full Story

    Posted by: Lee & White

    Category:

    Tags Private Persons Personal Data Spam Organisations Internet IT

  • When Friends Sell You Out for a Date

    Wednesday, August 27, 2008

    A Belgian dating website known as nicepeople.be has been sued by its competitor, toietmoi.be for requiring anyone who registers with them to give e-mail addresses of 5 friends. These people are then spammed with invitations to join nicepeople.be. It is nice to know that your friends can sell out your e-mail addresses in exchange for a bit of fun on a dating site - NOT.

    Nevertheless, applause goes to the Belgian court for convicting nicepeople.be of sending unsolicited e-mails and spamming these third parties' inboxes. Punishing them with a 10,000 EUR fine is a good start and indeed, it is high time precedence is set for these privacy law-breaking websites and the people behind them.

    The only question is, is there any way of stopping your friends from throwing in your e-mail addresses and any other personal information to the wolves? We know that the data protection law does not cover handling of personal data in the course of household activities, but what can we truly consider as being a strictly household activity and where do we draw the line? If it were up to me, the law should apply to these friends as well.

    Read the Full Story

    Posted by: Lee & White

    Category:

    Tags Private Persons Personal Data Spam Organisations Internet

Archive

  • 2014
    • March 2014
  • 2013
    • October 2013
    • July 2013
    • May 2013
  • 2012
    • March 2012
    • February 2012
    • January 2012
  • 2011
    • December 2011
    • July 2011
    • June 2011
    • May 2011
    • April 2011
    • February 2011
  • 2010
    • December 2010
    • September 2010
    • June 2010
    • May 2010
    • April 2010
    • February 2010
  • 2009
    • October 2009
    • August 2009
    • June 2009
    • April 2009
  • 2008
    • November 2008
    • October 2008
    • August 2008
    • July 2008
    • June 2008
    • May 2008
    • April 2008
    • March 2008
    • February 2008
    • January 2008
  • 2007
    • December 2007
    • November 2007



Tags

  • Best Practices (11)
  • Business Incentive (1)
  • Data Breach (8)
  • Data Handling Manual (5)
  • Data Protection Officer (1)
  • EU (4)
  • FSA (1)
  • Government (13)
  • Human Rights (6)
  • Internet (21)
  • IT (21)
  • Organisations (40)
  • Personal Data (48)
  • Private Persons (30)
  • Spam (4)

 

Copyright © 2003-2025 Lee & White®. All rights reserved.

Legal Notice  -  Privacy Policy  -  Contact