Junk Emails

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Junk Emails

Solution A computer expert has won a landmark legal victory against a company which sent him junk email.

Chartered information systems engineer Nigel Roberts is thought to be the first person in the UK to use EU "E-privacy" laws to win compensation after receiving so-called spam emails.

The 47-year-old believes his case could have ramifications for action again notorious Florida "spammers" - if they can be identified.

Mr Roberts, whose expertise includes technical work on internet security, said: "I am a bit taken aback by all the interest, and I am a bit surprised nobody has done it before, but of course I am pleased.

"I would certainly encourage anybody who receives unwanted, unsolicited email - if they can identify the sender - to do the same.

"This is a small victory. But perhaps some spammers will now start to realise that people in Europe won't tolerate their email inboxes being filled with unwanted junk."

The computer expert, from Alderney in the Channel Islands, said his company receives up to 300 unwanted messages a day, which costs it time and money to filter. He launched his action after receiving messages from a marketing company in August.

He first wrote to Scotland-based Media Logistics (UK) Ltd about the unsolicited emails on contract car hire and fax broadcasting businesses, seeking an apology, damages and information on what data the company held on him.

He filed a claim at Colchester County Court when the company apologised but declined compensation and did not fully comply with his Data Protection Act information access request, he said.

In UK law, the 2002 EU Directive on Privacy and Telecommunications gives everyone the right to seek damages against the originators of unwanted email, fax or text messages.

The company acknowledged Mr Roberts's claim, but then did not defend the action, he said, and the judge ruled in his favour.

Both parties subsequently agreed that he should receive £270 compensation and £30 costs - the maximum allowed to qualify as a small claim.

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Article details

Article ID:	82
Category:	Data Protection
Date added:	15-02-2009 07:10:11
Views:	35
Rating (Votes):	(2)

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