Dave
I'm sorry Dave but when your analysis is supported by Charles Prescott from
"the States", it supports my analysis that you are taking the "market-led"
approached so favored (sic) by our colleagues across the water.
Also, consider the advantages of the alternative method: If you are only
sending mailings to those who have indicated that they want to receive them,
your list is much more efficient and likely to yield a higher percentage of
interested returns. If you are not sending junk mail to those who don't want
it, you are also reducing the amount of paper produced - and just chucked in
the bin. If the product you are selling is so good, people will want to know
all about it.
I know that marketing people will not like this new Act, they didn't like the
old one. You have to remember that not only is customer "King", customer is
also "data subject" under the terms of this Act and it is the data subject
who is protected by this law - it has not been designed to protect the
current practices, nor the company, nor the profits of the company.
My advice to those organisations who may be tempted to sell lists of names
and addresses is this:
1) First of all, ensure you have the positive consent of the data subject to
sell their details to other companies or organisations. If possible,
actually name the companies that are likely to buy the list.
2) If you suspect that any particular company buying the list is going to
use the list for marketing purposes without giving the individual the rights
you would want for yourself (i.e. to know who is processing, for what
purpose, and to ask for your consent to continue - preferably at no cost to
yourself) then don't sell it to them.
3) If you decide to sell the list and your own details are on it and you
don't wish to receive junk mail from these companies, remove your name and
address first. (Then apply that same right to all the other data subjects
who have not indicated that they wish their details to be passed on).
"Hope this helps"
Ian Buckland
MD
Keep IT Legal Ltd
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