I think this depends on whether the direct marketing can be said to be
"targetted" at the individual by virtue of the individual's personal data.
Now I know this is a weird tightrope to walk, but my thinking is:
Assuming the message is a standard printed message (or enclosure) and has no
reference to the individual per se as part of the material, and is not
personally addressed to the individual, it may be arguable that the personal
data has not been "processed" in order to deliver the advertising.
That doesn't make it any the less tacky, of course. It also makes it "Open
Season" for discussion. However much we discuss it here, though, I think
the overall answer will depend on a complaint to the UKIC following the
issue of this questionable material, and the outcome of that complaint.
Additionally it IS advertising, and the ASA may well be interested in it,
UKIC notwithstanding. I'm sure someone will complain. And that is the
thing to warn your organisation about. The real aspect for them to consider
is "Do we wish to take the commercial risk of doing this? There is a finite
risk of complaint and a reasonable probability of the complaint being
upheld".
There are times when one needs to set aside the concept of "is this legal"
and say instead "Is it rational and sensible to do this?"
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
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 Julie Davenport
Sent: Friday, April 16, 2004 9:49 AM
To: [log in to unmask]
Subject: [data-protection] Payslip Advertising
Hello All,
I've recently been informed that following Committee Approval, Payroll
Services will be including advertising from Financial Organisations within
our Payslips.
I have provided advice to say that this amounts to Direct Marketing in which
an individual has a right to object (Section 11). I also advised that
Payroll Services should send out opt in/out notices and then record any
negative responses on our systems.
However, their response has been that sending out notices is not processing
and it is not directed to 'particular' individuals.
So now it seems that this processing may go ahead. In light of this, I
would appreciate your views regarding the above.
With kind regards,
Julie Davenport
Data Protection Adviser
01902 554498
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