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Enron Mail |
Dave:
FYI. Leslie ----- Forwarded by Leslie Hansen/HOU/ECT on 10/17/2000 12:43 PM ----- "Didizian, Marly" <marly.didizian@linklaters.com< 10/17/2000 12:23 PM To: "'leslie.hansen@enron.com'" <leslie.hansen@enron.com< cc: Subject: FW: Data Protection < Dear Leslie < < Further to our telephone conversation today, I set out below our advice on < use of the email adddresses of contestants in the Olympic online game to < inform such contestants of the World Series game. < < From a UK data protection point of view, such use would be "processing" of < personal data for the purposes of the Data Protection Act 1998. Processing < is only permissible under the Act if it satisfies one of the relevant < conditions. One such condition, and the best in terms of avoiding < ambiguity, is getting the "consent" of the data subject. This is not < applicable here as the consent wording used in the Olympic game rules < covers only use in the context of administering that game. We have < discussed alterations to such wording for the World Series game which we < will pass on to the relevant foreign counsel for their opinion. < < Another relevant condition which may be of use here is that the < "processing is necessary for the purposes of legitimate interests pursued < by the data controller or by the third party or parties to whom the data < are disclosed, except where the processing is unwarranted in any < particular case by reason of prejudice to the rights and freedoms or < legitimate interests of the data subject". < < I think this relevant condition would allow you to use the contestants' < email addresses to inform them of the World Series game as this would be < pursuing Enron's legitimate interests and is very unlikley to prejudice < the contestants in any way given in particular that it would not oblige < them to play the game or wager any money. < < I should reiterate that this advice is limited to UK law. The data < protection legislation in other EU member states is similar to the UK's as < it is based on the EU-wide Data Protection Directive. However, this < Directive has been implemented in slightly different ways in the various < jurisdictions. We will check with them that the answer is the same, and < also ask the question of the Swiss lawyers. < < I hope the above is helpful, at least in emailing the contestants based in < the UK. < < Kind regards < < Marly Didizian ____________________________________________________________ This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake please let us know by reply and then delete it from your system; you should not copy the message or disclose its contents to anyone. ____________________________________________________________
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