This reminds me of BRITISH GAS TRADING LIMITED v Data Protection Registrar
1998. British Gas used existing customer records to advise them of its
products and services. If customer did not wish to receive information they
could decline by returning a form to British Gas. If they didn't reply,
British Gas assumed that they had implied consent. The registrar felt that
this was unfair and won the case. I guess that AI should ask you to return
an opt in, otherwise they will not contact you again.
Stewart
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Adam Warren
Sent: 14 June 2002 09:06
To: [log in to unmask]
Subject: Telephone Preference Service
Hello List,
Your views please.
I'm a member of Amnesty International, and received a letter from them this
morning. It states that they are aware that I have registered with the TPS,
but they:
"...hope that as a supporter you will still wish to hear about our
campaigns...
I will be very grateful if you could let us know your views on this matter.
If
you do not wish us to contact you by telephone in the future please tick the
box on the slip below and return it to us in the enclosed FREEPOST envelope
[...] If we do not hear from you by the end of June we may telephone you in
the
next couple of months with news of our campaigns and fundraising
programmes."
Whilst I support AI's cause and would not want to stir any trouble, surely
this
is a breach of the DPA 1998? It certainly flies in the face of previously
expressed wishes not to be contacted for any marketing reasons. Moreover, i
would have thought that no reply at all can NOT be taken as implied consent.
Look forward to your input.
Cheers
Adam Warren
PhD Researcher
---------------------------------
Department of Information Science
Loughborough University
Loughborough
Leicestershire LE11 3TU
UK
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