In a message dated 07/01/2002 16:28:08 GMT Standard Time, [log in to unmask]
writes:
<< The right to opt out of direct marketing doesn't apply to material which is
broadcast, since direct marketing is defined in s.11(3) as communication
'directed to particular individuals'. You could have a field day arguing
whether a message to everyone on a system is 'directed to particular
individuals'.
This is presumably going to be taken care of by the forthcoming EU e-mail
Directive. Meanwhile, I think there is a good (if unappealing) case to be
made for there being no effective right to opt out in the situation
described. >>
--------
Ah, at last, some debate on the subject, thanks Paul I was beginning to
wonder if everyone exceot me was having extended leave.
Of course it is "directed to particular individuals" - I bet I won't get a
copy of your advert on behalf of Frizzell or Zurich Municipal, etc. (no it's
not a request, it's a fact)
So of course it is junk mail, isn't it? Is it? Oh, dear - once again what I
thought to be the case turns out to be pandora's box and not a case at all.
Ian Buckland
MD
Keep IT Legal Ltd
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