Dave,
Here's an email I sent to Jane yesterday .. forgot to click 'reply to all'>.
First however, and with reference to your suggestion that opt-in is required
for unsolicited calls. The TDPPR (see below) only require prior consent from
'individual and corporate' subscribers if the marketing calls are being made
via an 'automated calling system' i.e. where the calls would be
automatically made and present a recorded marketing message and where no
human intervention is involved.
JANE,
Both the DPA and the Telecommunications (Data Protection and Privacy)
Regulations 1999 (TDPPR) apply here.
Firstly, the original telephone number was supplied to the uni as an
emergency contact number, the processing of that number for any other
purpose would breach the requirement to process personal data fairly and
lawfully (Principle 1 and Sch2).
Secondly, if the uni somehow felt it did have grounds to use the tel numbers
to make unsolicited telesales calls (by means other than an 'automated
calling system) then it would need to:
1: run the telephone numbers against the opt-out list maintained by the
Telephone Preference Service - it is an offence to call subscribers who
have registered with the TPS. £5,000 fine.
2: the telesales operatives should be prepared to identify themselves
and provide a meaningful contact number or address (this is not a specific
requirement of the TDPPR as such, but is good practice and would be
considered by the ODPC if they have reason to investigate). Failure to do
this may also lead you to breach the requirement to provide an individual
with the 'specified information'.
You should also be aware that direct marketing by telephone is also subject
to restrictions imposed by condition 6 of the Self Provisioning licence
under which the university operates its telecommunications system. Under
this condition the uni would be required to maintain a list of all
individuals objecting to the telesales calls and ensure that any parties
acting on the uni's behalf act on those objections. Other restrictions
apply if the uni is going to use an 'automated calling system'.
Depending on what you wish to sell, the telesales call may also be subject
to the Consumer Protection (Distance Selling) Regulations 2000. Also if the
uni or any third party used to make the call intend to monitor or record the
calls then you will also need to comply with the requirements of the Lawful
Business Practice (Interception) Regulations 2000.
Feeling regulated to death? Join the club!!
Good luck ..
Pat
-----Original Message-----
From: Dave Wyatt [mailto:[log in to unmask]]
Sent: 24 January 2001 23:46
To: [log in to unmask]
Subject: Re: Assumed Consent was Re: Contact Details
Perhaps the emphasis here is on definition of 'professional'. I've seen a
few dubious concepts from a marketing concept perspective from those
claiming professional status. Many fail to consider consumers opt out
rights and the impact on the cost / benefit model. As a point of interest I
have seen figures that indicate where people can opt out of marketing
electronically ( e.g. Web pages collecting data) 'opt out' can run at
approx at 40% of targets. On paper systems it runs at about 4%, this latter
figure backed up by Mailing Preference Service objectors lists. Anyone else
experience this difference or have any figures. Why is this occurring? Is it
due to lack of trust on e-commerce generally or apathy to issues on paper
based data acquisition systems? A signal that in the E-Commerce world opt-in
should be the way forward if consumer trust is to be maintained. Telephone
marketing generally requires opt in (no unsolicited calls to lines of
subscribers) why not email.
Anyone with personal views as consumers?
David Wyatt
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Charles Prescott
Sent: 24 January 2001 00:05
To: [log in to unmask]
Subject: Re: Assumed Consent was Re: Contact Details
I can't imagine that a professional would use again a list that didn't work.
It
would be tough to justify that to your boss. "Work" means you get a
response.
[log in to unmask] wrote:
> ** Reply to note from [log in to unmask] Mon, 22 Jan 2001 09:16:31
EST
>
> > Most data controllers who download such lists or buy the Electoral
register
> > or whatever, will include something with the first mailing so that the
data
> > subject can give consent for future mailings. Assumed consent is now
illegal.
>
> Ian,
>
> Are you saying that on the first mailshot the subject is asked and then
has
> to explicitly opt-in for further mailshots to be send
> (ie. no reply = opt-out).
>
> :-)
> Charles
>
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee,
> Dundee DD1 4HN, Scotland, United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> http://somis.ais.dundee.ac.uk/
> Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
--
Charles A. Prescott
Vice President, International Business Development & Government Affairs
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036
USA
Tel.+1.212.790-1552
Fax.+1.212.790.1449
e-mail: [log in to unmask]
e-mail: [log in to unmask]
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