[ILUG] [Fwd: I fought the scammer... and I won.]

[Steffen Higel]

[not subscribed to list these days]

Hi Kevin,

I took at a look at the EU data protection act. Here's the relevant bit:

Article 7

Member States shall provide that personal data may be processed only if:

(a) the data subject has unambiguously given his consent; or

(b) processing is necessary for the performance of a contract to which the
data subject is party or in order to take steps at the request of the data
subject prior to entering into a contract; or

(c) processing is necessary for compliance with a legal obligation to
which the controller is subject; or

(d) processing is necessary in order to protect the vital interests of the
data subject; or

(e) processing is necessary for the performance of a task carried out in
the public interest or in the exercise of official authority vested in the
controller or in a third party to whom the data are disclosed; or

(f) processing is necessary for the purposes of the legitimate interests
pursued by the controller or by the third party or parties to whom the
data are disclosed, except where such interests are overridden by the
interests for fundamental rights and freedoms of the data subject which
require protection under Article 1 (1).

So I guess my ass is covered by bits of (e) and (f). Previously, the
gardai had told me that I'd need to catch the individual in the act, and
also avoiding being blacklisted by spamcop would probably fall under
"purposes of the legitimate interests pursued" from our point of view.

regards,

Steffen