In message <[log in to unmask]>, Ian Dean
<[log in to unmask]> writes
>By virtue of the fact that people have signed up for service with The
>Co-operative Bank and been given the opportunity to opt out of marketing
>but not taken it then they have 'soft opted in' to the receipt of
>marketing of similar products and services as allowed by the Privacy and
>Electronic Communications (EC Directive) Regulations 2003 (SI 2003 No.
>2426).
The important part is 22(3)(c):
the recipient has been given a simple means of refusing (free of
charge except for the costs of the transmission of the refusal)
the use of his contact details for the purposes of such direct
marketing, at the time that the details were initially collected
Which means that when the Co-op Bank originally collected the customer's
email address, when the customer signed up for service, *at that time*
the customer must have been asked if they agree to the email address
being used for marketing.
Of course, they might have been asked a rather wider question, related
to *some/all* of the details they supplied, and *some/all* forms of
marketing. In which case it would probably be necessary to look at the
actual question that was asked, to see if it qualifies under the new
regulations.
--
Roland Perry
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