Tim
Please ignore my last e-mail. Ten minutes after writing it, I realised that it was complete drivel. I can only apologise and blame a pre-lunch blood-sugar imbalance.
Halfway to the shops I remembered British Gas Trading Ltd v Data Protection Registrar (1998). You can see the decision at the Info Tribunal's. Part of it reads:
"If BGTL wish to process personal data beyond the purposes which we have set out, then no unfairness will arise in such processing if the customer has consented to the use of personal data for types of wider and non-obvious purposes of which he has been notified. With new customers we do not consider that, at the time the agreement is made for the supply of gas, there is the difficulty, as BGTL contended, in informing customers of the type of marketing intended to be carried out by processing their personal data and asking then and there if they object."
i.e. Soft opt-in.
Simon
---- Original message ----
>Date: Thu, 26 Oct 2006 11:52:05 +0100
>From: "Richardson Simon (Gateshead PCT)" <[log in to unmask]>
>Subject: Re: [data-protection] Please help a brain failed man!
>To: [log in to unmask]
>
>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,
>>>United Kingdom, RG12 1BP
>>><blocked::http://www.marketingimprovement.com/>
>>>http://www.marketingimprovement.com
>>>
>>>
>>>
>>>
>>>
>>>Important: This mail contains proprietary information some or all of
>>>which may be legally privileged. It is for the intended recipient only.
>>>If an addressing or transmission error has misdirected this email,
>>>please notify the author by replying to this email. if you are not the
>>>intended recipient you must not use, disclose, distribute, copy, print or
>>rely on this email.
>>>If you are not the named recipient please notify us immediately. This
>>>email and any attachment(s) are believed to be virus-free, but it is
>>>the responsibility of the recipient to make all the necessary virus
>>>checks. This email and any attachments to it are copyright of Marketing
>>>Improvement Limited unless otherwise stated. Their copying,
>>>transmission, reproduction in whole or in part may only be undertaken
>>>with the express permission, in writing, of Marketing Improvement Limited.
>>>
>>>
>>>
>>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>> All archives of messages are stored permanently and are
>>> available to the world wide web community at large at
>>> http://www.jiscmail.ac.uk/lists/data-protection.html
>>> If you wish to leave this list please send the command
>>> leave data-protection to [log in to unmask]
>>> All user commands can be found at : -
>>> http://www.jiscmail.ac.uk/help/commandref.htm
>>>Any queries about sending or receiving message please send to the list
>>owner
>>> [log in to unmask]
>>> (all commands go to [log in to unmask] not the list please)
>>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>***************************************************************************
>>This e-mail is confidential and privileged. If you are not the intended
>>recipient please accept our apologies; please do not disclose, copy or
>>distribute information in this e-mail or take any action in reliance on its
>>contents: to do so is strictly prohibited and may be unlawful. Please inform
>>us that this message has gone astray before deleting it. Thank you for your
>>co-operation.
>>***************************************************************************
>>
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>>Any queries about sending or receiving message please send to the list owner
>> [log in to unmask]
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>>Any queries about sending or receiving message please send to the list owner
>> [log in to unmask]
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>***************************************************************************
>This e-mail is confidential and privileged. If you are not the intended
>recipient please accept our apologies; please do not disclose, copy or
>distribute information in this e-mail or take any action in reliance on its
>contents: to do so is strictly prohibited and may be unlawful. Please
>inform us that this message has gone astray before deleting it. Thank you
>for your co-operation.
>***************************************************************************
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
>Any queries about sending or receiving message please send to the list owner
> [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
***************************************************************************
This e-mail is confidential and privileged. If you are not the intended
recipient please accept our apologies; please do not disclose, copy or
distribute information in this e-mail or take any action in reliance on its
contents: to do so is strictly prohibited and may be unlawful. Please
inform us that this message has gone astray before deleting it. Thank you
for your co-operation.
***************************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|