In a message dated 18/11/2000 04:00:23 GMT Standard Time,
[log in to unmask] writes:
<< Not sure giving two opt out boxes works if challenged given the right is to
opt out of all processing for any direct marketing so why should I have to
tick two opt outs.
Opt in works better in this scenario. The Direct Marketing opt out right is
not necessarily an opt out from a controller passing a list to a third party
this only appears to work if the purpose of passing the data is that defined
by the direct marketing definition in Section 11. I wonder if anyone else
has a view on this point. >>
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Yes. I do. As you'd probably expect.
What we are talking about here is two different purposes. One is direct
marketing, carried out by the data controller (the collector) for the
purposes of promoting their own product, services, aims or ideals. The
second purpose is selling it on, or giving it, to another organisation for
their own purposes (which may include advertising) over which the original
data controller has no control.
An opt out for direct marketing would not prevent an organisation passing it
on to another data controller, likewise an opt out for selling on (or giving)
would not stop the organisation advertising itself - on the basis that an
initial enquiry shows the data subject has an interest in the company's wares.
I believe, as Dave does, an opt IN facility is needed so that the data
subject can indicate that they would like to receive information from you AND
information from "carefully selected organisations" (i.e. those who can
afford to buy your database). They may opt in to neither, or they may
indicate they want just one of those services.
There are also advantages. Many of us who see the words "from us and other
selected organisations" usually opt OUT of the mailings (even if we like your
product/service) and you lose an opportunity to contact us again with details
of your own "fabulous new offer".
Ian Buckland
MD
Keep IT Legal Ltd (purveyors of fine on-site training and consultancy)
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