While not disagreeing with you technically (I think you are probably right),
I was answering really the "Where did the 21 days come from" part.
As a marketing person I know that preparation of different media takes a
different time.
It is perfectly reasonable for a snail mailer to respond "We have removed
your details, but our work in progress pile extends for the next 6 months"
because they have explained with precision what has happened.
Equally, when an email list is "pulled" in advance and passed to an
outsourcer for processing, there is often a short period of work in
progress. As long as one states this then there is no obstacle.
Emotionally I feel that the 21 days in Section 10 is the key period, though.
Here is a number of days for Joe Public to hang his arguments on, and he
will. I take the view that every removal request is tantamount to a section
10 notice for precisely that reason. I'd rather treat it as more important
than it is lest I meet Nigel Roberts or Gordon Dick in a court room ~bows to
Nigel and Gordon~.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
Personal blog: http://timtrent.blogspot.com/
See also http://complianceandprivacy.com
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 11 April 2007 14:18
To: [log in to unmask]
Subject: Re: [data-protection] Opt out lists
Section 10 would be an odd mechanism to use if one wanted to opt out of
direct marketing - I know direct marketing is almost inevitably annoying,
but I doubt a university's marketing activities would ever be sufficiently
bad to cause damage. Section 11 would be the more appropriate vehicle for
the punter to employ, and it doesn't come with a comparable time limit.
Indeed, it states that the marketing should stop "at the end of such period
as is reasonable in the circumstances". At least one large high street name
once claimed to me (and probably still do) that it takes several months to
stop getting their junk mail because it is prepared so long in advance.
Cheers
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 Tim Trent
Sent: Wed 11 April 2007 14:11
To: [log in to unmask]
Subject: Re: [data-protection] Opt out lists
You have read "working days" into the words "Days". We have 21 days to
respond to a section 10 notice. These are calendar days.
http://www.opsi.gov.uk/acts/acts1998/80029--b.htm#10
Search for "Days" when the page loads
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of GRAHAM Susan
Sent: 11 April 2007 13:51
To: [log in to unmask]
Subject: [data-protection] Opt out lists
Please can people point me to the relevant bit of legislation? I am still
looking at direct marketing issues, mainly focusing on the Privacy and
Electronic Communications (EC Directive) Regulations and the Data Protection
Act. I have a note that when people ask to be removed from mailing lists,
this must be done within 21 working days. Unfortunately I did not record
the source for this. I can find plenty of references in the legislation to
the need to stop sending marketing materials when asked to desist, but where
have I got the 21 working days from?
Best wishes,
Susan Graham
University Records Manager
Policy & Planning
University of Edinburgh
Old College
South Bridge
Edinburgh
EH8 9YL
Tel: 0131 6514 100
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