On Thu, Sep 29, 2005 at 07:23:07AM -0400, Charles Prescott wrote:
> This is a disease that is being spread increasingly by the Italian DPA. They have never accepted 14(f) of the Data Protection Directive, to which I refer you all. This was a long and hard fought battle from 1992 to 1995, which veterans will recall. It is partially reflect i n UK legislation by the fact there is an exception for data controllers even from notification to the DPA if the only use they make of personal data is to market. This view, that marketing use must be consented to, will cause a huge uproar. In case no one noticed, government, political parties, fund-raisers and all businesses now depend on the use of databases to remain in contact with their respective constituencies and to find new ones.
Rather than being considered a disease it is this type of development
that should be welcomed by all. Opt-in systems should benefit all and
would certainly be welcomed by the vast majority of the public. If one
or other of our main political parties would back such progress it would surely
be a vote winner.
> In the greater scheme of dangers to individual liberties from the misuse of personal data, marketing use is completely trivial, which was recognized by the Commission and Parliament in 1995. That should be borne in mind by all players, and I am surprised that an otherwise reasonably balanced DPA would begin to preach this.
I suspect that few people who are not looking at it purely from
the interests of the marketing industry would be surprised at all
if this was to happen.
> I recognize that many of you loathe marketing use, and the opt-out system (opt-in for e-mail) has been successful in responding to the public's needs, and society and the economy's where sufficient resources are deployed to enforce the law.
I don't think many of us loathe marketing use of personal data as
such, but there seems to be no good reason why the marketing industry
should be exempt from controls and laws.
As has been highlighted in other threads, the opt-out system in the UK
has been a failure for telephone calles (TPS). I'm certainly
unaware of anywhwre where opt-outs in this context have been successful
in responding to the public's needs.
An opt-in system for email would be a good position to aim for.
However unless there have been recent developments of which I am not
aware we do not yet have this in the UK, as with email the situation
becomes opt-out where a customer relationship exists and such a
relationship could be as the result of a single enquiry about a
product. There is some confusion because this is sometimes referred
to as a soft opt-in, when in reality it is an opt-out.
If it has become purely opt-in for email can anyone shed light on the
details and when it changed?
I appreciate that it changes little as there don't seem to be sufficient
resources to enforce the law whatever it is.
> Just remember - if you don't like getting "junk" mail that is addressed, it's because there is not the data and skill in your market to enable companies to target better. If you continue to restrict data use for marketing purposes, I can positively assure you that you will be flooded with unaddressed trash.
>
Is this a threat :-)
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