Here is my definition of spam: "an email I haven't asked for and don't
want". If a person sends an email to a business offering services or
products, with no previous relationship with the business, and no permission
to email them, it's spam. It may not be illegal, but it's still spam. It is
destined for the bin.
The difference between post, phone on one side and electronic means of
communication on the other comes with the Privacy and Electronic
Communications Regulations. The regulations place specific requirements on
marketers (which is what you become if you try to actively sell or promote
products, services or ideas). A person can't email or text without prior
permission (there's the soft opt-in, but it's just too early in the morning
for that), but they can phone or write without permission, although they
can't phone people on the TPS unless they have specific permission. I know
this is a bit of a simplification, but I hope it'll do.
The contradiction comes here: according to the Regs, companies or
individuals with something to sell can't email me at home without my
permission. They do, but that's another story. Companies etc. can email me
at work, even without my permission. Phone is the same for home and work,
post is the same for home and work, but email isn't. Presumably, the Direct
Marketing industry did some frenetic lobbying to win that one. Given how
quick one can delete an email, I don't know why they bothered. Nevertheless,
as far as the regs are concerned, you can send unwanted marketing emails to
companies. As it happens, if you send marketing emails to an address that
looks like mine (i.e. it contains my full name), then I can prevent you from
sending them to me under Section 11 of the DPA because you are processing my
personal data.
But we come back to the beginning: unsolicited often means unwanted, and
people tend not to value things that they haven't asked for.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: Thu 08 February 2007 15:53
To: [log in to unmask]
Subject: Re: [data-protection] Fwd: Re: [data-protection] Spam and email
bugs (Long, but interesting . . )
OK, would you please define what you mean by "spamming" businesses?
How is me emailing businesses that might be interested in my services - I am
an individual contractor/service provider - any different from me writing to
them or phoning them.
I would suggest that the volume is something to do with it.
I am an individual not hiding behind any corporation who will respond to
every email response that I receive.
Is emailing companies or individuals in companies regarding job
opportunities spamming - and if you tell me it is then you are having a
laugh.
Nick Landau
----- Original Message -----
From: "Roland Perry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 08, 2007 2:07 PM
Subject: Re: [data-protection] Fwd: Re: [data-protection] Spam and email
bugs (Long, but interesting . . )
> In message <[log in to unmask]>, at 12:55:57
> on Thu, 8 Feb 2007, NICHOLAS LANDAU <[log in to unmask]> writes
>
>>I would suggest that anyone that says that any email address with a
>>person's name in it - even when contacted to a council or hospital
>>email address - is automatically personal information, is not living
>>in the real world.
>
> It's personal information alright, but the circumstances will
> determine whether or not it's a correct assumption that an email to
> such a person, addressed at a "corporate" domain, is being used in a B2B
context or not.
> In some cases it will, in others (see my earlier example) it won't.
>
> Meanwhile, the fuzzy thinking that spamming businesses is OK, whereas
> spamming individuals isn't, is the unfortunate state of the current EU
> law. But spam is such a problem within the topic of Internet
> Governance, that I think this may change with time.
>
> One important test, much ignored in current debates, is whether or not
> the emails in question are "bulk". Unsolicited *bulk* email is the
> original criterion used by ISPs, before the regulators got involved.
> --
> Roland Perry
>
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