When Data Gets Passed On

What's the law here?

[jarboy]

I belong to another forum which at present is shutting down. They've agreed to pass their full database onto another site so that forum members can "migrate" there if they wish. However, the data they're passing over includes all member information. If you do not want an account on the new forums, run by an entirely different group of people, you have to know to go to the forums and request that they opt you out of the move. Obviously if you haven't visited the forums in a year or so this isn't going to happen.

The forum that's closing is housed in Ireland if that makes a difference, but has members throughout the world. It's moving to a group in the US. When registering you were *not* required to tick a box saying your data could be passed on to third parties.

I've already decided that just on the basis I don't like my info being passed over on an opt out system I won't be going over - however is this even legal?

[Sanenet]

Not really. Under EU law you can't collect and transfer personal data without express permission, unless for the purpose of carrying on the same services as before.

You're best bet would be to email all users with the information, informing them that they have, say, 30 days to cancel their account, in which case their details will be deleted.

It also depends on what information you are collecting. If it's just name, username, password, email, then you might just scrape under the barrier, as long as you are transferring the data in order to continue with the same services as before.

Remember that the data is "owned" by the company that collected it. The data was collected under an express license (your terms and conditions at the moment of signup), and can only be used for the purposes within those ToS. If the ToS changes, then the users need to be informed and allows to opt out. If the company changes ownership, but the data will not be used for any additional purpose, then you should be OK, although you still need to inform the users of the change of ownership.

Not sure about US reg., but under EU reg the above applies.

[jarboy]

Thank you. I'm in the UK myself and thought that might be the case.

Hopefully then the forum owners (old AND new) will see sense. Otherwise it's just a case of "Warn everyone I know who's ever registered there to go opt out".