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


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