Tim
In "pure DPA terms" I can't see that there would be any need for a soft opt-in, or an opt-in of any sort! So long as the Principles were adhered to, and the data controller could show a schedule 2 condition other than consent, they would be able to cold call you. If they legally obtained your data from a third party and it would be a 'disproportionate effort' to give notice in advance, the marketing call itself would be the fair processing notice.
To opt-out under DPA you would have to write to the Data Controller, which is a fairly 'hard' option. Without a 'soft opt out' I don't see that the concept of a 'soft opt-in' would apply. So I think that 'soft opt in' is a PECR thing, not DPA. I look forward to dissenting voices.
Simon
---- Original message ----
>Date: Thu, 26 Oct 2006 11:08:36 +0100
>From: Tim Trent <[log in to unmask]>
>Subject: Re: [data-protection] Please help a brain failed man!
>To: [log in to unmask]
>
>It kind of does and doesn't at the same time. The deeper recesses of my
>mind go to before the PECR, in "pure DPA terms". I'm sure there was more
>detail on it somewhere.
>
>It was a bit of the site I hadn't got to before though, all of which is
>useful. V many thanks
>
>-----Original Message-----
>From: This list is for those interested in Data Protection issues
>[mailto:[log in to unmask]] On Behalf Of Richardson Simon
>(Gateshead PCT)
>Sent: 26 October 2006 11:04
>To: [log in to unmask]
>Subject: Re: [data-protection] Please help a brain failed man!
>
>Tim
>
>The relevant legislation is The Privacy and Electronic Communications (EC
>Directive) Regulations 2003, sections 21 and 24.
>
>The ICO's guidance, brief as it is, is at:
>
>http://www.ico.gov.uk/Global/faqs/privacy_and_electronic_communications_regu
>lations_for_organisations.aspx#34F91A63-82D5-4606-99DC-EE167AE7C2C5
>
>Hope that helps
>
>Simon
>
>Simon Richardson
>Information Governance Officer
>
>---- Original message ----
>>Date: Thu, 26 Oct 2006 10:10:00 +0100
>>From: Tim Trent <[log in to unmask]>
>>Subject: [data-protection] Please help a brain failed man!
>>To: [log in to unmask]
>>
>>Soft Opt In for telephone calls we all know about. I just can't find
>>chapter and verse on the UKIC's site. Please would one of you who has
>>the reference point me at it? I've struggled now for a while and found
>>all sorts of documents I don't want!
>>
>>
>>
>>Tim Trent - Consultant
>>Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
>>email: [log in to unmask]
>><blocked::mailto:[log in to unmask]>
>>Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
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>><blocked::http://www.marketingimprovement.com/>
>>http://www.marketingimprovement.com
>>
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>>
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