Re: Sued for providing a Website Form ??
- From: "Rob Gordon" <rob@xxxxxxxxxxxxxxxxx>
- Date: Sat, 3 Dec 2005 20:34:05 -0000
"Dr Zoidberg" <AlexNOOOOO!!!!!@xxxxxxxxxxxxxxxx> wrote in message
news:3vectkF15f6e7U1@xxxxxxxxxxxxxxxxx
> Rob Gordon wrote:
>> Hello all,
>>
>> Another question for anyone who cares to comment. I seem to be coming
>> across a lot of issues I've never had to deal with before. A sign of
>> things to come ?!!
>>
>> I designed a website for a client, and on it is a simple feedback
>> form of the type that a visitor fills in and presses submit. The
>> details of the form are then sent to the website owner. Now
>> admittedly the form makes no mention of what the website owner will
>> do with the details (they are a small company selling a product),
>> there is no privacy statement, but neither does it suggest that any
>> details will be sold to telemarketers, double glazing companies or
>> Satan.
>
> This sounds like something that should be remedied.
>
>> Recently the client had a message sent to them via the form. I am
>> conveying the substance of the message so that no
>> original text is submitted, but the argument and implications remain
>> the same as they were originally intended.
>>
>> The person who submitted the form is arguing that by allowing a
>> feedback form to be on a website that is not
>> sitting behind an SSL connection his privacy is being violated.
>> Because the form is not submitted over an SSL Encrypted
>> link the information is available to anyone who intercepts the
>> communication.
>
> But he is not obliged to use the form.
> The page presumably does not claim to be secure so it is not misleading
> people as to the privacy level available?
> How much personal information is requested?
No there is no claim that it is an encrypted form. No pretend padlock bitmap
at the bottom of the page!
All that is requested is name, address, postcode, email, daytime tel.,
mobile and "Other Details" - a standard general box
>
>> The site is therefore in violation of the DPA requirements to protect
>> website visitors' privacy.
>>
>> There is no privacy statement advising that the client will be
>> violating a persons privacy when they submit the form.
>>
>> The website designer is exposing the client to serious litigation.
>>
>> The person then claims he is already in a position to sue as he has
>> submitted a non SSL encrypted form.
>
> I don't believe that there is an obligation to use SSL , just to take
> reasonable care to secure the data which will obviously vary depending on
> how sensitive it is.
> Ordinary emails are not encrypted so he could equally argue that any
> company that asks you to email them is exposing themselves to being sued
>
> --
Exactly, all internet communations that don't travel over an encrypted link
are potentially susceptable to 'eavesdropping'
Equally if you're not stating that you are going to sell infomation there
should be no assumption that the company would do anything with it other
than use it for thier own use. In this case contacting the customer
regarding their interest in the product. Unless a company actually SELLS (or
gives away) information to a third party I can't see the point in treatening
to sue them and telling them they are breaking the law.
Madness....
> Alex
>
> Hermes: "We can't afford that! Especially not Zoidberg!"
> Zoidberg: "They took away my credit cards!"
>
> www.drzoidberg.co.uk
> www.ebayfaq.co.uk
Rob
.
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