While you may well be right, Roland, the sentence " Marketing messages
transmitted using
'Bluetooth' technology, for example, messages sent to all 'Bluetooth'
enabled handsets within a given radius, are also considered to be
'electronic mail'" does look compelling. And it is part of the official
guidance (though I agree that this guidance is an interpretation by an
august body, not by a court)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 12 April 2007 11:50
To: [log in to unmask]
Subject: Re: [data-protection] When is spam not spam?
In message
<!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAHpTETOkzdFHmF1Z+
[log in to unmask]>, at 10:45:48 on Thu, 12 Apr 2007,
Tim Trent <[log in to unmask]> writes
>I have just been sent this reference:
>
>http://www.ico.gov.uk/upload/documents/library/privacy_and_electronic/detai
l
>ed_specialist_guides/pecr_guidance_for_marketers_dec06.pdf
>
>tinied: http://tinyurl.com/2lfgyp
>
>Search the document for "bluetooth" and you find this item
>
>"In other words, both email and text, picture and video marketing messages
>are considered to be 'electronic mail'. Marketing messages transmitted
using
>'Bluetooth' technology, for example, messages sent to all 'Bluetooth'
>enabled handsets within a given radius, are also considered to be
>'electronic mail', as are WAP messages.WAP Push allows a sender to send a
>specially formatted SMS message to a handset which, when received, allows a
>recipient through a single click to access and view content stored online,
>through the browser on the handset."
>
>So this says to me that HSBC and Nissan are likely to be unlawful.
I still think it depends on the sending mechanism.
Bluetooth is just a wireless protocol, and it doesn't have to be
connected to the "outside world" and available for "public service". For
example, a mouse connected to a laptop by Bluetooth.
You wouldn't have an SMS connected mouse, or a WAP connected one.
In fact, SMS and WAP are just parts of GSM, and while mentioning them as
included within the definition of transmission systems that might be
carrying email is potentially helpful "for the avoidance of doubt", the
fact they are mentioned at all is almost counterproductive (as there was
never any doubt). It leaves a vacuum for all the other things that could
also be included, but they forgot to mention, (or that haven't been
invented yet).
You can also have a mobile handset that's connected to the "phone
network" by Bluetooth (I've seen prototypes, anyway), in the same way
that a VoIP handset can be connected to the phone network via a WiFi
connection (and an onward IP connection to a PSTN gateway). Emails
arriving at either of those handsets have travelled on a PECN to get
there.
My question is this: have the emails arriving from the HSBC/Nissan
Bluetooth transmitters originated on a PECN (and just the last leg is by
Bluetooth), or are they simply an unconnected beacon sending to anyone
who is within earshot?
Forget the transmission technology, that's a red herring - is there a
PECN involved? And how do I become a "subscriber" for this alleged PECS
that HSBC/Nissan have deployed? I don't think it's part of the service
that I'm paying Vodafone for.
--
Roland Perry
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