march 21st 2012 to the partners and their cohorts (Joe S. & Robert W.)
[ewart]: OK guys, this is getting rediculous. I have been out of the office much of the day and return home to find my inbox stuffed full with the opinions of other investors that I don't care much for reading, just as they don't care to read my blog. This is a total mis-use of e-mail addresses that investors have registered with you for the purposes of being more readily informed of the state of their investments - they are not there to be used to push the views of other investors. If you want to advertise the views of investors, you already have a blog set up which you have used for this very purpose in the past and which works just fine. So use it before this issue gets out of hand.
[ewart]: OK guys, this is getting rediculous. I have been out of the office much of the day and return home to find my inbox stuffed full with the opinions of other investors that I don't care much for reading, just as they don't care to read my blog. This is a total mis-use of e-mail addresses that investors have registered with you for the purposes of being more readily informed of the state of their investments - they are not there to be used to push the views of other investors. If you want to advertise the views of investors, you already have a blog set up which you have used for this very purpose in the past and which works just fine. So use it before this issue gets out of hand.
march 22nd 2012 response from Liam Collins
[Liam]: Just block my address if you do not wish to read them. It is very simple. All news you need you will find on The George’s Blog apparently.
Liam Collins, of course, in his reply totally missed the point. In order to wage this war, the partners and their cohorts are leveraging personal data that investors supplied to them when they took out their investment - this is your data! What they fail to realise is that the data they are leveraging, and the processing they are performing on it, are clear violations of the Data Protection Act 1998 (http://www.legislation.gov.uk/ukpga/1998/29/contents), the appropriate portions of which I have cut-and-pasted below.
I have sent an e-mail to the partners and their cohorts today 25/03/2012 (see below) on behalf of all investors making them fully aware that what they are doing is a clear breach of the Data Protection Act, and that it is to stop now - I have given them a grace period of 1 week to comply (i.e. until end April 1st, April Fools Day). People like Joe Sinagoga and Robert Wakefield should not even have access to your personal data unless you have given your express permission for them to have it ... and this is clearly not the case for a good number of investors.
Unless I get a positive acknowledgment from them that this behaviour will stop forthwith, I would suggest that investors who want to be left in peace make a formalised request (and keep a copy in your records) that clearly specifies the grace period (a few days should be quite sufficient) for the partners and their cohorts to purge all knowledge of your e-mail address(es) and/or phone number(s) from their systems. After the grace period has elapsed, configure a filter on your e-mail browser to auto-delete all e-mails you receive from them. It is appreciated that this will cause extra work for the partners and their cohorts as all pertinent correspondence they will now have to convey to you via other means (e.g. post, web-site), but it will be a situation that they consciously brought upon themselves by not being able to act responsibly.
If after doing this you are still being pestered, let me know the details along with a copy of your formalised request and I will track all such violations so that when this partnership goes into bankruptcy, all the cases of violation of the Data Protection Act, even after they have been warned, can be formally reported.
The Editor
=======================================
Pertinent sections of the Data Protection Act 1998
Right to prevent processing likely to cause damage or distress.
(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—
(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and
(b)that damage or distress is or would be unwarranted.
(2)Subsection (1) does not apply—
(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or
(b)in such other cases as may be prescribed by the [F1 Secretary of State] by order.
SCHEDULE 2
Conditions relevant for purposes of the first principle processing of any personal data
Conditions relevant for purposes of the first principle processing of any personal data
1The data subject has given his consent to the processing.
2The processing is necessary—
(a)for the performance of a contract to which the data subject is a party, or
(b)for the taking of steps at the request of the data subject with a view to entering into a contract.
3The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.(b)for the taking of steps at the request of the data subject with a view to entering into a contract.
4The processing is necessary in order to protect the vital interests of the data subject.
5The processing is necessary—
(a)for the administration of justice,
[F1(aa)for the exercise of any functions of either House of Parliament,]
(b)for the exercise of any functions conferred on any person by or under any enactment,
(c)for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or
(d)for the exercise of any other functions of a public nature exercised in the public interest by any person.
[F1(aa)for the exercise of any functions of either House of Parliament,]
(b)for the exercise of any functions conferred on any person by or under any enactment,
(c)for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or
(d)for the exercise of any other functions of a public nature exercised in the public interest by any person.
=======================================
From: ewart tempest <ewart.tempest@gmail.com>
Date: Sun, Mar 25, 2012 at 10:07 AM
Subject: Data Protection Act violations
To: Liam Collins <liam@collinsandbone.com>, joe@sgaml.co.uk, robert@wysi.co.uk, Robert Wakefield <robert.wakefield@wysi.co.uk>, davidbone@castleandgatehouse.co.uk, Rachael <rachael@collinsandbone.com>, Rachael Bone <rachaelbone@castleandgatehouse.com>
Cc: ewart tempest <ewart.tempest@gmail.com>
Data Protection Act 1998
I will give you a grace period up until the end of April 1st 2012 to comply with the texts below, and to confirm in writing.
Rachael/Liam - relay to David Bone Jnr as his Castle & Gatehouse e-mail address no longer works.
This is to notify you that the activities that you have been performing wrt using personal investor data for propaganda purposes, with the proliferous sending of e-mails and phone calls expressing the views of other investors who share your views, is a violation of this act and total mis-use of investor data, and can in no way be construed as as "reasonable processing" by the act (I have cut-and-pasted the pertinent sections of the act at the end of this e-mail). On behalf of all investors, you are told to refrain from using investor data for this kind of processing unless investors have specifically registered with you for it ... in the interim you can use http://collinsboneinvestment.
Joe Sinagoga and Robert Wakefield, you should only have access to investor personal data for investors who have specifically given their permission for you to have it ... and this is clearly not the case for a good number of investors. So, Joe Sinagoga & Robert Wakefield, you are hereby told to delete all investor personal details in your possession other than for those investors who have given you express written permission to have it.
More information can be found at www.collins-and-bone.blogspot.
Ewart
Pertinent sections of the Data Protection Act 1998
Right to prevent processing likely to cause damage or distress.
(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—
(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and
(b)that damage or distress is or would be unwarranted.
(2)Subsection (1) does not apply—
(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or
(b)in such other cases as may be prescribed by the [F1 Secretary of State] by order.
SCHEDULE 2
Conditions relevant for purposes of the first principle processing of any personal data
Conditions relevant for purposes of the first principle processing of any personal data
1) The data subject has given his consent to the processing.
2) The processing is necessary—
(a) for the performance of a contract to which the data subject is a party, or
(b) for the taking of steps at the request of the data subject with a view to entering into a contract.
3) The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.(b) for the taking of steps at the request of the data subject with a view to entering into a contract.
4) The processing is necessary in order to protect the vital interests of the data subject.
5) The processing is necessary—
(a) for the administration of justice,
[F1(aa) for the exercise of any functions of either House of Parliament,]
(b) for the exercise of any functions conferred on any person by or under any enactment,
(c) for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or
(d) for the exercise of any other functions of a public nature exercised in the public interest by any person.
[F1(aa) for the exercise of any functions of either House of Parliament,]
(b) for the exercise of any functions conferred on any person by or under any enactment,
(c) for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or
(d) for the exercise of any other functions of a public nature exercised in the public interest by any person.
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