If you buy a third party list you may infer consent from non-response
because at some time the data subject has agreed that their data may be
shared with third party companies.
However, if a company collects data itself, does not give an opt-out and
then wants to send marketing communications, the company may send an initial
non-marketing letter with a response coupon asking the data subject to
return an unticked opt-out box. If there is no response the company cannot
infer consent. The Data Protection Directive states that a data subject
must "signify" his/her consent - this means that there must be an active
communication between the data subject and the company.
What are the circumstances?
-----Original Message-----
From: Steve McCain [mailto:[log in to unmask]]
Sent: 17 September 2003 16:25
To: [log in to unmask]
Subject: Re: [data-protection] Privacy and Electronic Communications
Directive
You are still allowed to imply consent from a non-response for marketing
material delivered
by post but not if it is delivered electronically. The new directive covers
electronic delivery
so marketing by fax, email, SMS text messages etc needs explicit opt-in
consent.
At 16:14 17/09/2003 +0100, you wrote:
>You cannot imply consent from a non-response. You must assume that the
data
>subject does not want to receive communications.
>
>-----Original Message-----
>From: Sukhvinder Hayer [mailto:[log in to unmask]]
>Sent: 17 September 2003 15:54
>To: [log in to unmask]
>Subject: Re: [data-protection] Privacy and Electronic Communications
>Direc tive
>
>
>Can you imply consent from a 'no response'?
>
>
>
>Sukhvinder Hayer, Information Access Team.
>London Fire and Emergency Planning Authority.
>e: [log in to unmask]; t: 020 7587 6385.
>
>If you would like to find out more about information access then please
>visit: www.london-fire.gov.uk/foi or internally at
>http://hotwire/management/info_access/content.htm
>
>
>
>
>
>
>-----Original Message-----
>From: Steve McCain [mailto:[log in to unmask]]
>Sent: 17 September 2003 15:46
>To: [log in to unmask]
>Subject: Re: [data-protection] Privacy and Electronic Communications
>Directive
>
>
>We have just launched a web application to handle enquiries and requests
>for course booklets
>and our prospectus.
>We follow-up enquiries at later dates by sending information which I
>suppose is marketing material,
>for example about open days, by both post and by email & text messages. We
>decided in the end
>to have two separate questions on the form:-
>
>---------------------
>
>The data you submit will be stored in a University of Bradford database,
>and used to supply you with the information you requested.
>We may also use the data at a later date to inform you of new courses and
>events within your chosen area.
>
>Would you like to receive further information through the post? [SELECT /
>YES / NO]
>
>Would you like us to keep you up-to-date with emails and text
>messages? [SELECT / YES / NO]
>
>-----------------------------
>
>If the enquirer chooses not to answer the questions then YES is assumed for
>postal
>delivery of further marketing material but NO is assumed for electronic
>delivery.
>
>This seemed the best way of reconciling the requirements of the new
>directive with
>the desire of our marketing dept to send enquirers information.
>
>We used selection boxes on the web form rather than tick boxes because it
>allows the user
>to explicitly select YES or NO but allows them to refuse to answer the
>question (the user just sees
>'SELECT' in the box and must select YES or NO from the pull-down list below
>the SELECT value).
>It is not possible to tell with a tick box [Y / N] whether the 'Y' answer
>that is received by the software
>at the back-end comes from the user or is just the default value. I do not
>think that the data can be
>taken as being accurate unless it is comes from an explicit response from
>the enquirer.
>
>hope this helps
>
>Steve McCain
>
>
>
>At 11:16 17/09/2003 +0100, you wrote:
> >These regulations (Directive and draft UK) refer to having prior consent
>(I'm
> >ignoring the "soft opt in" for the moment) for unsolicited marketing by
> >email/SMS. I would be interested to hear whether organisations are going
>for
> >the route of a more explicit form of consent such as a tick box, or if a
> >signature on a document, perhaps containing lots of information, that
> >includes
> >a statement "I consent...", is considered adequate.
> >
> >Chris
> >
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
>***************************************************************************
*
>
>
>SMOKE ALARMS SAVE LIVES
>
>Go to London Fire at www.london-fire.gov.uk/firesafety
>
>This email is confidential to the addressee only. If you do not believe
that
>you are the intended addressee, do not use, pass on or copy it in any way.
>If you have received it in error, please delete it immediately and
telephone
>the number given, reversing the charges if necessary.
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|