Dan,
That's true, US laws do not apply directly to the rest of the world, but
the industrialized countries have been exchanging guidelines for privacy
for the past decade, and the US' are overall the *most* restrictive of
employees' rights, so they serve as a relevant baseline. I do not have a
direct acquaintance with Spanish laws on the subject, though I am looking
into them...what I *did* find is that Spain has a digital privacy clause in
its constitution: Article 18.4--"...[S]ecrecy of communications,
particularly regarding postal, telegraphic, and telephone communication, is
guaranteed, except for infractions by judicial order...The law shall limit
the use of information, to guarantee personal and family honor, the privacy
of citizens, and the full exercise of their rights."
In addition, the Spanish Data Protection Act (LORTAD) was enacted in 1992
and was based on an early draft of the E.U. Directive. It covers automated
files held by the public and private sector. The law establishes the right
of citizens to know what personal data is contained in computer files and
the right to correct or delete incorrect or false data. Personal
information in an automated system may only be used or disclosed to a third
party with the consent of the individual and *only for the purpose for
which it was collected* [emphasis mine, though I do have any case law
related to this clause at this time]. Spanish courts have not looked too
kindly on privacy violations. In one case, a Spanish reporter who
disclosed the initials of two AIDS-infected inmates working in a prison
kitchen was given a one-year suspended sentence, fined $26,000 and barred
from journalism for a year; in the United States, a journalist might at
worst endure a forced apology for the same "offense" (remember, we're
talking about *initials* here).
In any case, a huge portion of the subscribers to this list work for
American companies, so my earlier comments are directly applicable; my
mention of the US civil rights statutes vis-a-vis employer-centrism was in
response to someone who is in the US. As for the transcontinental nature
of the Internet (which someone else mentioned) and the implication that
international law may be involved, well, this isn't really an Internet
issue but an intranet one. Each country's law will apply to data legally
in its borders (I say legally because for some traffic, the very act of
traversing a border is illegal), and I believe we're talking about data
passing through one corporate server.
"Legally, not a problem - my server, my network - I can do whatever the fsck
I like with what goes through it.
Morally, another matter."
A very strange sentiment; apparently, you didn't read my post, because this
is certainly not a blanket truth in the territories covered by the US
statute I mentioned. Or else you already *know* this scenario to be true
under Spanish law (I don't think it is), so what are you asking us for
again...moral guidance? I don't think this is the forum for that.
Sandy
At 06:05 PM 6/19/2001, you wrote:
>----- Original Message -----
>From: "Sanford Whiteman" <[EMAIL PROTECTED]>
>To: <[EMAIL PROTECTED]>
>Sent: Monday, June 18, 2001 7:51 AM
>Subject: Re[2]: [IMail Forum] A tricky moral problem
>
>
><huge snips>
>
> > Senate hearings
> > Federal courts.
> >
> > Americans with Disabilities Act, the Family
> > Medical Leave Act
> > Civil Rights Acts
>
></huge snips>
>
>All of which don't apply to the majority of the Internet. Come on guys, lets
>remember that the Internet is international
>
>Dan
>
>
>Please visit http://www.ipswitch.com/support/mailing-lists.html
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