Martin Thorpe wrote
> Do Data Controllers need permission to use
> personal email addresses under the Data Protection Act as it
> stands or is a decision still pending on the Communications Data
> Protective Directive in the EU ??
As I see it personal email addresses are no different from any
other form of personal data. That being so any use of them has to
comply with the data protection principles and has to be
justified by a Schedule 2 condition. Heed also has to be paid to
Paragraph 2 of Part 2 of Schedule 1.
If the data subject does or has indicated that he/she does not
wish a personal email address to be used for direct marketing
purposes then that wish must be complied with.
Unless these requirements of the Act are met it is unlikely that
processing will be fair and/or lawful.
The Information Commissioner usually indicates that an opt-in
should be used in preference to an opt-out of use of data for
particular purposes. It would not usually be adequate to take a
non-response to a message requesting permission for processing to
be taken as consent.
John F Hitches
General Administrative Manager
Kingston University
River House
53 / 57 High Street
Kingston Upon Thames
Surrey KT1 1LQ
Telephone 020 8547 7768
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