Now this is fun.
How many journalists are freelance, despite carrying the name of a
periodical in their "bag" so to speak?
A freelance journalist is thus an individual subscriber (0.9 probability),
and it is almost impossible to identify that form their email address (0.5
probability)
I love Fridays
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
<mailto:[log in to unmask]>
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com <http://www.marketingimprovement.com>
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: Friday, October 31, 2003 4:18 PM
To: [log in to unmask]
Subject: Re: [data-protection] Are Press Releases Direct Marketing??
Sorry to be so late in picking this up, but I did feel it necessary to point
out one thing:
Darren says 'individuals/organisations'. In fact the restrictions on
e-mails are only in respect of individuals, and then only where they are the
'subscriber' - in other words to their personal e-mail account. So sending
any kind of e-mail to anyone for any legal purpose at a business e-mail
address is not restricted.
('Subscriber' is defined as 'a person who is a party to a contract with a
provider of public electronic communications services ...')
Since most press releases, even if sent to individual journalists, will be
sent to them at work, there is no problem.
What we are still lacking is a solid definition of marketing. The best I
have been able to come up with, is that it is any communication designed to
persuade the recipient to do something which is favourable to the sender,
whether for money or not. So a press release which is purely informative
'We're just about to sack half our workforce' would be fine. One which
invites a specific response 'Please come and hear our CEO defend our latest
redundancies' just might be marketing.
I dare say others with more experience might have a better definition.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Darren Green" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, October 28, 2003 2:57 PM
Subject: Re: Are Press Releases Direct Marketing??
> Tim
>
> That is helpful, but let me try and confirm what you are saying. Which
> is that the phrase direct marketing in any of the legislation/guidance
> is irrelevant because:-
>
> If an organisation sends a press release after the 11 Dec by email to
> a list of individuals/organisations (collected over time, but not
> automatically harvested), who have received past press releases and
> irrespective if the organisation is selling anything, that
> organisation, could be liable to a legal objection to processing,
> unless the
organisation
> had prior to 11 Dec asked for them to opt-in.
>
> So why has the direct marketing distinction been made in the legistaion.
> Why not say that 'any email received from any organisation which has
> not been consented too, that organisation could be subject to a legal
objection
> to processing', as this is what you seem to be saying.
>
> Darren
>
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