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Thread: Is this illegal

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    Papa Smurf
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    Is this illegal

    According to this. A german man "was arrested by undercover detectives and now faces charges of attempted blackmail and possession of stolen personal data". What did he do? He bought a hard drive "containing personal information about the best friend of British racing star Lewis Hamilton" and tried to sell it to "Bild Motorsport". I'm stuggling to see where the "blackmail" is, and then theres the er..."stolen" data which he legally bought. Um. Nope, can't see the illegality. Seems like the sort of thing the paparazzi do all the time with no problem Perhaps there are no paparazzi in Germany ?

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    Lovely Moderator ducasi's Avatar
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    Re: Is this illegal

    As told by the newspaper, I'm not sure where the crime is...

    But...

    It is suggested in the article that he may have attempted to blackmail Adrian Sutil, threatening to go to papers if he didn't pay up...

    Force India F1 driver Adrian Sutil was targeted by the man ...
    As to how he got hold of the hard disk – again, we do not know that it was legit.

    Assuming he had obtained it legitimately, the correct thing to do when finding someone's personal data on the disk, would be to delete it. Doing otherwise may be against some data protection law in Germany – or even in Europe.
    Let your mind go and your body will follow. – Steve Martin, LA Story

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    Re: Is this illegal

    Quote Originally Posted by ducasi View Post
    As told by the newspaper, I'm not sure where the crime is...
    Me neither. As you imply, there may be some information we are not getting that does point at some sort of crime.

    It is suggested in the article that he may have attempted to blackmail Adrian Sutil, threatening to go to papers if he didn't pay up...
    but it specifically says he offered it to a magazine for £8000, no doubt thinking he was starting his pararazzi career Sutil may have been "targeted by the man" but is that because it was originally his hard drive? If so, why not say how much he asked Sutil for?

    As to how he got hold of the hard disk – again, we do not know that it was legit.
    but nothing to suggest it wasn't; he "acquired" it, after the computer was "sold on".

    "News" like this annoys me - sloppy journalism, thats what it is.


    Assuming he had obtained it legitimately, the correct thing to do when finding someone's personal data on the disk, would be to delete it. Doing otherwise may be against some data protection law in Germany – or even in Europe.
    Morally correct you mean - legally dubious. He "may" have done something legally wrong, but if he purchased the drive legally and there is a "public interest", surely he can sell it to the media?

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    Lovely Moderator ducasi's Avatar
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    Re: Is this illegal

    This looks like the earliest version of the story, and it's clear that there was a blackmail attempt.

    I can't imagine where the public interest angle is, but selling personal information about someone must be covered by some European data protection law.
    Let your mind go and your body will follow. – Steve Martin, LA Story

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    Re: Is this illegal

    Quote Originally Posted by Dreadful Scathe View Post
    "News" like this annoys me - sloppy journalism, thats what it is.

    It's not really sloppy journalism. Sometimes, for legal reasons, you can't reveal specifics about criminal proceedings because it would be seen as prejudicing the process.

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    Registered User NZ Monkey's Avatar
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    Re: Is this illegal

    Quote Originally Posted by Tiger Feet View Post
    It's not really sloppy journalism. Sometimes, for legal reasons, you can't reveal specifics about criminal proceedings because it would be seen as prejudicing the process.
    But if you then can't produce an accurate news worthy story out of it because of those legal reasons, is it in anybodies best interest to publish it anyway?

    News articles telling only half a story are often very misleading.

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    Re: Is this illegal

    Quote Originally Posted by NZ Monkey View Post
    But if you then can't produce an accurate news worthy story out of it because of those legal reasons, is it in anybodies best interest to publish it anyway?

    News articles telling only half a story are often very misleading.
    Depends whether the Editor wants it in or not! Sometimes it's not about newsworthiness (sad, but that's how it is).
    Last edited by Tiger Feet; 13th-May-2008 at 09:20 PM.

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    Re: Is this illegal

    Quote Originally Posted by ducasi View Post
    This looks like the earliest version of the story, and it's clear that there was a blackmail attempt.

    Ah, good find. Look a news article that actually contains information - take note Telegraph.


    Quote Originally Posted by NZ Monkey View Post
    News articles telling only half a story are often very misleading.
    And are very annoying

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    Re: Is this illegal

    Quote Originally Posted by Dreadful Scathe View Post
    And are very annoying
    Only to you DS.

    And in case you were wondering - it is personal....

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    Re: Is this illegal

    Quote Originally Posted by NZ Monkey View Post
    Only to you DS.

    And in case you were wondering - it is personal....
    bloody Sun reader

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    Re: Is this illegal

    Quote Originally Posted by Dreadful Scathe View Post
    bloody Sun reader
    Do they get the Sun in New Zealand

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    Re: Is this illegal

    Quote Originally Posted by Brian Doolan View Post
    Do they get the Sun in New Zealand
    In Auckland; about 12 days a year.

    I'll get my coat....

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    Re: Is this illegal

    Quote Originally Posted by NZ Monkey View Post
    In Auckland; about 12 days a year.

    I'll get my coat....
    badoomm tsh

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    Re: Is this illegal

    Arguably the data on the drive did not belong to whoever acquired it and sold it on to our enterprising blackmailer.

    The latter certainly had no right to the data; he simply bought the drive. The Data Protection Act would certainly have something to say about his project; I suspect the Misuse of Computers Act may very well be drafted so that misuse of "a computer or part of a computer" is an offence.

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    Re: Is this illegal

    Quote Originally Posted by Barry Shnikov View Post
    Arguably the data on the drive did not belong to whoever acquired it and sold it on to our enterprising blackmailer.

    The latter certainly had no right to the data; he simply bought the drive. The Data Protection Act would certainly have something to say about his project; I suspect the Misuse of Computers Act may very well be drafted so that misuse of "a computer or part of a computer" is an offence.
    ah but he bought the drive - so its his and there's data on it that was implicitly sold with it.

    If someone sells Hitlers diaries does the buyer only have rights to the paper and not the words in it

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    Re: Is this illegal

    Quote Originally Posted by Dreadful Scathe View Post
    ah but he bought the drive - so its his and there's data on it that was implicitly sold with it.
    You can only dispose (sell) of someone's data if either a) it was collected with permission for such sale, or b) permission is subsequently given. Otherwise, there is no transfer of title.
    If someone sells Hitlers diaries does the buyer only have rights to the paper and not the words in it
    Hitler's diaries aren't covered by the Data Protection Act or the Misuse of Computers Act. (Unless you know something about digital technology in the third reich that has not been revealed to the rest of us!!)

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    Registered User stewart38's Avatar
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    Re: Is this illegal

    Quote Originally Posted by Barry Shnikov View Post
    You can only dispose (sell) of someone's data if either a) it was collected with permission for such sale, or b) permission is subsequently given. Otherwise, there is no transfer of title.
    70% correct.

    For a better understanding see here, particular with regard to permission

    Data Protection Act 1998 (c. 29)

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    Re: Is this illegal

    Quote Originally Posted by stewart38 View Post
    70% correct.

    For a better understanding see here, particular with regard to permission

    Data Protection Act 1998 (c. 29)
    70%? Not 69%, or 71%?

    (BTW - guess what? I already read the Act...)

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    Re: Is this illegal

    Quote Originally Posted by Barry Shnikov View Post
    70%? Not 69%, or 71%?

    (BTW - guess what? I already read the Act...)
    I reckon you were initially at least 78% correct, and it's perhaps 90% likely that you get another 10% for being a lawyer. So thats like 88% correct.

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