As far as I'm concerned one of the most interesting parts of the PECR
and the directive is the phrase 'individual subscriber'.
One of the techniques used by the House of Lords (soon to be Supreme
Court) in construction is, where European Law is concerned, looking at
the words used in the Directive the transposing legislation is supposed
to implete, and even the various versions in other Community languages.
Now looking at the directive, it appears to me that the prohibition of
direct marketing by email is intended to protect natural persons. The
UK's 'individual subscribers' phrase appears to imply a narrower
construction.
So is [log in to unmask], sitting in his office at work, within or
without r.22 of PECR 2003?
On reading the Directive, I've come to a fairly strong conclusion. What
do others think?
Tim Trent wrote:
> Chaps, have you issued a complaint to the UKIC? And have you considered
> the example Nigel Roberts has set by issuing either a summons or a
> demand for payment to charity as an out of court settlement?
>
> Roland Perry wrote:
>> In message
>> <[log in to unmask]>, at
>> 12:23:45 on Wed, 23 Apr 2008, Ekin Caglar <[log in to unmask]> writes
>>> Just got another one! Easycheck from selectabase.co.uk... On their
>>> unregistration page, they state "We require that our clients follow
>>> email best practice and send only permission based emails. We do not
>>> allow them to use Selectabase Ltd to send Unsolicited Emails."
>>
>>> Talk about irony... But of course, they'll claim they've sent the
>>> mail to [log in to unmask], not to an individual. And I'll claim it's
>>> very easy to find out on whose desk sales@ emails land in our
>>> organisation!
>>
>> Ignore the email address, mine was sent to "Dear Dr Lamb", whoever he
>> might be. Sounds like an individual to me - and an instant alert that
>> they are either doing a dictionary attack, or have bought a very
>> broken list off someone. That's a Fourth Principle offence, to add to
>> all the others...
>>
>
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