Before: Eva Stöwe (A), Respondent: Werner D, Claimant: CAcert (C), Case: a20140925.1

History Log

Private Part

EOT Private Part

original Dispute

Part in [] anonymised.


The dispute shows the following:
R is a support team member and was addressed with a support case via his personal mail address. He wanted to forward it to the support address, so that it could processed correctly.

Doing so he seemed to have accidently send the mail to a mailing list that is named in a similar manner. By this he violated the privacy of the data of the person who had asked for help, without intention.

After he discovered the error, he tried to contain further privacy violations by deleting the mail from the archive of the mailing list. He also filed the dispute against himself.

There is no reason to assume, that the mail was send by intention. Also neither (A) nor (CM) can think about any sensible action that could prevent likewise mistakes. R is an experinced support member and is not known to do such mistakes regulary.

The deletion of the mail from the archive was done with intention. Something like this should not be done regularly. However there is a precendets case that allows for this in special cases:

A single post to CAcert mailing lists may be removed by support personnel or mailing list owners if one of these conditions are given:

  *  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 "accidential 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.
  *  An emergency action is necessary, as outlined in the deliberation, subject to confirmation by an Arbitrator.
  *  For completeness: An Arbitrator rules so in a regular Arbitration 

The first point applies. The deletion was appropriate for the given situation.


In the train between Hannover and Bielefeld, 2014-09-25


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