I'll interleave some answers for you below, by the >> marks
Bets wishes
Tim Trent
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Clementine Amawo
Sent: Tuesday, November 02, 2004 3:52 PM
To: [log in to unmask]
Subject: [data-protection] PR & Electronic (via email) Newsletters
Can you help?
The PR dept want to send out an electronic newspaper (i.e. via email) to our
key stakeholders and councillors etc. The email will include (amongst other
articles), the following -
"Welcome to [Company Name] email bulletin service. We have you listed as
someone who may be interested in the work [Company Name] is doing in [area]
and from time to time we will be sending out bulletin updates. [Company
Name] is a...
...If you know someone who would like to receive the bulletin, or would like
your name removed from our database, please reply to this email".
>>This is definitely a "Commercial Electronic Communication" as defined in
2002/58/EC, and is unsolicited.
I have informed PR that they cannot do this as they do not have the consent
or permission of those they want to send it to and the intended recipients
have not been informed of or signed up the fact that they will be receiving
this newsletter. What they have done is collected email address over time of
all our stakeholders, councillors and other such customers and then decided
that it would be a great marketing tool to put together this electronic
newsletter and blitz them.
>>Legal Answer (and I find the legal answer rather stupid): They may
technically send this to all people who are not "individual subscribers",
and give them the chance to opt out. This means that corporate email
addresses are fine, unless they are partnerships (unless in Scotland),
unless they are sole traders. I bet you don't have a clue who is what! So
the risks are too high
>>Pragmatic answer: I use the "Duck test". If it looks like a duck, walks
like a duck, quacks like a duck and swims like a duck, then it is a duck.
When I receive UCE I see it as SPAM. And, because I am evil at heart, I
report SPAM. This means that while it may be lawful to send it it is
offensive to receive it. The Negative PR is awful. Add to that the ASA
and the CAP Codes and you see the mess your PR team is heading for. I will
unashamedly plug my own Permission Based eMarketing seminar here. We teach
this stuff. Anyone wanting to know more, please just visit my website at
http://www.marketingimprovement.com. End of plug.
>>If you want to know the results of being reported as a spammer, drop in to
my "Marketing Library" and have a look at the links (eg) to NANAE. Messy.
Very messy. A block on your IP address so people can't receive emails from
you. And no redress.
Is there any way round this? Shouldn't they email each individual separately
(seeing as email addresses are now considered to be personal
data) and inform about the newsletter and include an opt in (or is it opt
out) clause?
>>A big "oops", that one. Well it is if you accidentally email an
individual subscriber. You see you can't use email to solicit permission to
email someone! The email soliciting permission is itself UCE and now lawful
(Legal answer) and not good PR (Pragmatic answer).
Has anyone have a robust sturdy opt in opt out statement I could use.
>>There is no robust opt in/out statement you can use in these
circumstances. You have to use traditional methods of garnering permission.
Pre 11 December 2003 methods do not work any more.
Or have I got it all wrong?
Thanks all
Clementine Amawo
Info. Man. Officer (IT)
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