Forum threads and posts - who actually owns them?

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  Former Member Posts: 1,876,323 The Mix Honorary Guru

  April 2008

  Hiya,
  
  As we understand it and although the jelsoft terminology implies ownership on your part in fact the law would see the publisher of the content and it's owner as the website themselves. That's why during a libel case it would be us, for example, rather than the poster who would be prosecuted - the owners of the forum are the publishers.
  
  The bit of the rules you mention is more about expressing what a forum is rather than proof of ownership. It's usually followed by something like -
  
  'The owners of TheSite.org boards have the right to remove, edit, move or close any threads or posts for any reason and without notice.'
  
  Which implies ownership and rights to posts aren't yours.
  
  However we always err on the side of protecting the rights of posters which is why we agree to delete users accounts when asked (though we may ask for a reason for our own piece of mind or that people think about it for a couple of days).
  
  If this website isn't up for that then the best course of action may be to discuss the implications of the data protection act with them (assuming they are in the UK). If anything you've published could identify you (and IP addresses are regarded as information that identifies a user) and especially if anything could be considered sensitive data (anything about health, race, religion, sexuality) then they would really need to prove why they won't delete it, rather than you having to justify it's removal.
  
  This is obviously pretty untested ground so don't quote me on this but I'd definately consider contacting The Information Commissioners Office (the body that enforce and oversee the DPA) to discuss the situation further. To be frank it's the kind of thing that could probably get them some attention and clear up some grey areas in law so who knows, they may be very interested in helping.
  
  Their website is -
  
  http://www.ico.gov.uk/
  
  and they have a helpline -
  
  "ICO helpline: Our helpline is open between the hours of 9.00am and 5.00pm, Monday to Friday.
  
  08456 30 60 60
  01625 54 57 45"

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  Former Member Posts: 1,876,323 The Mix Honorary Guru

  April 2008

  Hi Jim,
  
  Thank-you. I shall take a look over their website, and hopefully get in touch with them.
  
  ETA - details submitted. Thank-you for the pointer. I will update here with an outcome.
  
  Thanks again.
  
  randomchap.

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  Former Member Posts: 1,876,323 The Mix Honorary Guru

  July 2008

  Jim,
  
  The response I received - thanks for your advice!
  
  RandomChap.
  

  17th June 2008
  
  
  
  Case Reference Number ENQxxxxxxx
  
  
  
  Dear Mr RandomChappio
  
  
  
  Thank you for your enquiry in which you ask how you can remove your details from a website.
  
  Section 10 of the data protection Act 1998 is concerned with an individuals right to prevent the processing of their data, specificall where that processing is likely to cause damage or distress.
  
  You have the right to send a notice to that individual or organisation requiring them, within a reasonable time, to stop the processing. This is called a “data subject notice”.
  
  
  
  Any person or organisation processing personal data is known as the “data controller”. The notice must be in writing and may be in the form of a letter. You should ensure that the notice is dated. The data subject notice must make clear the following;
  
  
  
  • your identity and the personal data to which you refer;
  
  
  
  • the nature of the processing and whether it is the processing for a specified purpose or in a specified manner to which you object;
  
  
  
  • when you require the processing of personal data about you to cease (and this must be at the end of a period which is reasonable in all the circumstances ) or that you require the data controller not to begin processing personal data about you;
  
  
  
  • that the processing of personal data about you, for that purpose, is causing, or is likely to cause you or another person, substantial damage or substantial distress,
  
  
  
  and;
  
  
  
  • the reason why you believe that the processing is causing or is likely to cause you or another person substantial unwarranted damage and/or distress.
  
  
  
  The notice must be sent to the data controller. If you are sending the notice by post, it is advisable to send it by recorded delivery. The notice may be transmitted by electronic means provided that the data controller is able to identify you. Also that the personal data to which you refer from your notice and that the notice is capable of being used for subsequent reference.
  
  
  
  You should keep a copy of the data subject notice and the reply you receive from the data controller together with all other correspondence. Record the dates of any communications, as this will be important evidence for the court or for the Commissioner.
  
  I would also like to refer you to our guidance on the use and disclosure of personal data on the internet which you may find useful:
  
  http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/collecting_personal_information_from_websites_v1.0.pdf
  
  I hope this information is helpful. If we can be of any further assistance please contact our Helpline on 08456 30 60 60, or 01625 545745 if you would prefer to call a national rate number, quoting your case reference number. You may also find some useful information on our website at www.ico.gov.uk .
  
  Yours sincerely
  
  
  
  Friendly ICO Chappy
  
  Case Reception Unit - The Information Commissioner's Office

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