In a message dated 30/01/2001 20:26:55 GMT Standard Time,
[log in to unmask] writes:
<< This very intelligent analysis, and struggle with the statute, underlines
the difficulty of bringing law into some sort of rationale relationship to a
practice that is used in many realms other than business. It also underscores
the danger of legislating specifically against business, which this was
intended to do, without understanding what you are talking about. >>
[cut short for obvious reasons]
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Dear oh dear, we have got up on the wrong side of the bed today.
Some of the aspects of this law are seen by many as sops to business, what
with negative consent being still lawful when collecting new data and s11
requiring the data subject to write in (at their own cost) to prevent their
data being used for direct marketing where they know the data is already in
the possession of a controller, not to mention subject access requests
costing £10 and the controller having a full 40 days even though it takes a
few seconds to print off a computer record, the commissioner not allowing
anonymous complaints, letting credit reference agencies have access to the
whole electoral register even where the person has no intention of requesting
credit, and so on.
Others, however, see it as an administrative burden.
In respect of the discussion on fundraising, were it not for the fact that
all universities and many schools are commercial concerns in competition with
other universities and schools, your argument about it being "beneficial to
the society" may have held some water. Surely we would want them all to play
by the same rules, on a level playing field. Next thing you know they'll all
be using parents' data for marketing with the excuse that "one or two have
done it already and got away with it, why should we be left in an
uncompetitive position just because we want to comply with the law?" How
would it be if some marketing companies used illegal software to save costs
and give them a financial advantage over other direct mailing companies?
Ian B
MD
Keep IT Legal Ltd
www.keepitlegal.co.uk
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