My view on this is that if it is "pure" research/survey/market research
work, then they are not "marketing" and so falls within Sec. 33 of the DPA.
However if at ANY time, they try and tell you of offers/sales/opportunities,
then it becomes marketing and the whole call is null and void in-so-far as
research goes.
It is important however to remember that Sec. 33 does have a clause with
regard to distress or damage, so the callers must be sensitive to this....
I am sure this will spark some debate...
Simon.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Edwina Withe
Sent: 06 November 2006 11:56
To: [log in to unmask]
Subject: [data-protection] When is Market Research not Marketing???
My home telephone no is registered with TPS, but over the last couple of
weeks I have started getting phone calls again and when I told the
operator that the number was registered with TPS and they shouldn't be
phoning a couple of them have argued with me saying that they were not
marketing (as in selling) but carrying out market research (asking for
opinions) so they could do it! The last one was a mobile phone
company.
Market research sounds like marketing to me - what do you all think?
I "chewed" their ears off about it and they put the phone down on me
and unfortunately their number had been withheld - so not much I can do
about it ....
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