An email to enquire if you may email IS using the data for purposes other
than those intended, and is thus unfair processing.
PECR lets us try to weasel between individual and other subscribers. The
thing is, politeness says "Treat everyone the same", and that is as if they
were as Individual Subscribers.
Harvesting is a major no-no. It is borderline acceptable for telephony, it
is absolutely unacceptable for email. I am not even considering the law,
here, just reactions of the people contacted.
I commend the duck test to you, one and all:
http://en.wikipedia.org/wiki/Duck_test
Spam quacks like spam, ergo it is spam
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 22 March 2007 15:57
To: [log in to unmask]
Subject: Re: [data-protection] Obtaining email addresses from websites
In message <013601c76c97$15ff8fc0$0200a8c0@PaulWork>, at 15:30:55 on Thu, 22
Mar 2007, Paul Ticher <[log in to unmask]> writes
>
>You therefore have two choices: don't harvest e-mail addresses, in case
>you collect some that relate to individual subscribers, or politely
>e-mail everyone first to ask them if they are an individual subscriber
>and only send marketing e-mails to those who confirm that they are not.
I have bad news for you: most experts I talk to say that you aren't even
allowed to send that enquiry email. Your opportunity was when you obtained
the email address, and if that was by scraping a website (or
whatever) which does not afford such an opportunity, that just shows what an
underhand process that scraping is.
>The relation to Data Protection is much fuzzier because of the debate -
>often rehearsed on this discussion list - about whether an e-mail
>address on its own is personal data.
Despite what people on this list may think, and how much they deny Elizabeth
France's now ageing opinions on the matter, the Article 29 Working Party are
very clear on this issue, and as it's fundamentally European law, and they
are at the heart of it, my money is with them.
--
Roland Perry
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