- Case Number: a20120831.1
- Status: close
- Claimants: CAcert
- Respondents: Marcus M
Initial Case Manager: AlexRobertson
Case Manager: MartinGummi
Arbitrator: EvaStöwe
- Date of arbitration start: 2014-02-15
- Date of ruling: 2014-02-15
- Case closed: 2014-02-15
- Complaint: Verification that action was according to the policies
- Relief: TBD
Before: Arbitrator EvaStöwe (A), Respondent: Marcus M (R), Claimant: CAcert (C), Case: a20120831.1
History Log
2012-08-31 (issue.c.o) case s20120831.182
- 2012-09-02 (iCM): added to wiki, request for CM / A
- 2015-02-15 (CM): I'll take the case and select Eva Stöwe as (A)
- 2015-02-15 (CM): init mail to C
- 2015-02-15 (A): send ruling to C
- 2015-02-15 (CM): close case
Original Dispute, Discovery (Private Part) (optional)
Link to Arbitration case a20120831.1 (Private Part), Access for (CM) + (A) only
EOT Private Part
original Dispute
private because it was meaningless without the according private information (see Discovery for an overview)
Discovery
- given facts from the dispute
- Support got a mail with the request to "remove all data about the account of a given email address and two reported published messages as it contains personal information".
- The requesting person was the owner of said email address.
- The mails were published on the cacert-support-mailing list, which is a public mailing list of CAcert.
- According to the support mails, the requsting person was the author of those mails himself.
- R deleted (as Support team member) the two requested mailings from the archive of the mailing list.
- But as it is the archive of a mailing list he was only "able to delete them from there and not from any other places in the internet where it might have been copied or sent to."
- R directly filed this dispute to verify the action.
- Since the dispute was filed, a precedents case a20101025.1 was ruled about when support may remove single posts to CAcert mailing lists.
- The named conditions of the precedents-ruling are:
- The original author of the post requests the removal of the post for a valid reason. Support personnel and mailing list owners decide whether a given reason is valid. Typical valid reasons include "accidental posting" and "disclosure of confident data".
- Anyone claims personal data concerning him-/herself is published in a posting, and the original author agrees the deletion of the post.
- The first condition applies in this case directly and the second is given indirectly, so the precedent ruling should be followed.
Ruling
- Since the case matches the ruling of the precedents case a20101025.1, it should be followed.
- The action of the support member (R) to delete the mails is authorized
--
- Cologne, 2014-02-15
Execution
- nothing to execute
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