In article <[log in to unmask]>, [log in to unmask] writes
>In some
>cases (mailing lists, etc) you will be informing them the first time you send
>junk mail (sorry, important information) and you could include the
>controller's details and an opt-out / opt-in statement on that first mailing.
> Remember to check the MPS/TPS/FPS before sending the initial mailings. I
>believe with regards to e-mails the person has to opt IN.
It's a bit recursive in this context. You shouldn't process personal
information unless it's done within the rules of the Act.
Email addresses are personal data, so you can't send that email asking
if the person agrees for you to send him marketing email, unless the
process is fair.
Almost by definition, (if you are law abiding) you *will* believe you
gained the email address fairly [and that pigs might fly] otherwise you
wouldn't be about to process it for marketing purposes, would you.
The problem being that most of the targets concerned won't agree with
you!! The big issue here being "did the target inadvertently agree to
have his email address passed on" at some point in his life, or is it
truly being done without his consent. By consent here, I'm told that
clauses on page 43 of the small print on some contract, invoice or
application form might have allowed it.
--
Roland Perry | tel: +44 1733 207705 | [log in to unmask]
Director of Public Policy| fax: +44 1733 207729 | http://www.linx.net
London Internet Exchange| mbl: +44 7050 604080 | /contact/roland
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