Re: Sued for providing a Website Form ??
- From: "Dr Zoidberg" <AlexNOOOOO!!!!!!@xxxxxxxxxxxxxxxx>
- Date: Sat, 3 Dec 2005 21:37:08 -0000
Rob Gordon wrote:
> "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'
And plenty of encrypted links aren't exactly secure anyway.
> 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.
No ,but it is sensible and reassurring to state this.
It doesn't cost you anything other than 5 minutes to add the text to the
page
Still , it's not this thats at issue anyway.
> 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....
>
Yup , another analogy would be a company offering to send you more
information if you send an enquiry by post.
The chances of anyone getting hold of your form and doing anything with it
are minute , but if they do steal the envelope you name and address are
there for all to see , just as they are in the phone book.
--
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
.
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