> Implied or assumed consent is forbidden in Schedule2 - where it says that
in
> order to be lawful (assuming consent is needed) the data subject has GIVEN
> consent. If the person has not returned a form, how can s/he have given
> anything?
>
> If the person has returned the form, but not ticked the opt-out box, they
can
> be seen to have given consent negatively.
Hmmm. What's the difference between "given consent negatively" and implied
consent? Aren't they the same thing? I fully agree that if the form isn't
returned at all (in this example) then one cannot assume consent, but if
it's returned without the opt-out box being ticked, I think it's safe to
assume non-explicit consent. Of course the purpose for which consent is
being assumed is another question.
All in all, I think we all agree that it's much better to obtain positive
explicit consent for everything. Shame that our respective marketing
departments don't always agree :-)
--
Tim Wright
IT Security Manager
Fuji Bank, London
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