Ian,
I agree this is an option. The circumstances in which this can be applied are
rather restrictive for a diverse group of companies that might want to cross
market the likes of RAC and BSM services etc. to its customers and would be
prevented from doing so if it took this "opt out" approach.
Chris
Ian Dean <[log in to unmask]> on 18/09/2003 07:55:46
Please respond to [log in to unmask]
To: [log in to unmask]
cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
Services)
Subject: Re: [data-protection] Privacy and Electronic Communicatio
Before acting on this e-mail or opening any attachment, you are advised to read
the disclaimer at the end of this mail.
My understanding is as follows:
If you are the data controller and collect the emil addresses direct from your
customers and have given them the opportunity to opt out of marketing then so
long as the customers have not exersised this option marketing can continue by
whatever means, post email etc
If you collect the email addresses from anyone other than direct from the
customer e.g. buying them in, then you must first obtain consent from the
customer in order to market them using these bought in email addresses. How you
obtain this consent is the conundrum?
Regards
Ian G Dean
____________________Reply Separator____________________
Subject: Re: [data-protection] Privacy and Electronic Communications
Author: davidwyatt <[log in to unmask]>
Date: 17/09/2003 22:13
An observation
I haven't checked detail before this post so feel free to shoot this comment
down . I recall that the opt-in requirement on electronic communication is
not absolute and there are some qualification elements attached. e.g. where
there is an existing relationship.
David Wyatt
----- Original Message -----
From: "Steve McCain" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 17, 2003 4:24 PM
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
> > >
> >
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