Pat
Just when you thought it was safe .... out comes another Directive 97/7/EC.
Once again, it appears as though legislation has preceded advice & guidance,
leaving all of us to figure out what's legal and what's not!
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 08 June 2000 15:23
To: [log in to unmask]
Subject: RE: e-mail shots - 'fair game'?
Duncan,
The current position of the DPC is that email and SMS are caught by the
prohibition on the use of automated calling systems for direct marketing
purposes. This 'position' is the subject of review and challenge - the
regulations specifically refer to a 'call'.
Moreover, the DTI has not taken the view that an email is a call in the
Distance Selling Directive. All I can say is that there should some
clarification of the issue by the end of July.
Regards
Pat Walshe
-----Original Message-----
From: Duncan S Smith [mailto:[log in to unmask]]
Sent: 08 June 2000 14:17
To: Data Protection discussion group
Subject: e-mail shots - 'fair game'?
Has anyone tried to get their thoughts together on this method of marketing?
Could it involve both DPA 98 and the Telecommunication (DP and P) Regs 1999,
given that e-mail may be considered 'a system which, when activated,
operates to make calls without human intervention'.
Is an e-mail a 'call' or is this covered by MPS?
Clearly if someone has exercised their rights to opt out of direct marketing
(Section 11 DPA 98) then an in-house objectors file must screen the e-mail.
Assuming no written notification is on file however, then e-mail is ok I
presume?
... and then there are the PR/Spam issues (see Oxfam Kosova appeal)!
Duncan S Smith
Principal Consultant
Company Profiles
"The process of Improvement"
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