It is bad marketing. Whilst an "opt-out" is not so bad, it really must be available at the time of our reading
the "fair" (and I use the term loosley in this case) processing notice.
There is guidance from the ICO about how to word opt-outs, which is very clear in my opinion, and it does not
include this scenario.
Are they a member of the DSA or similar? Maybe you could ask them if it meets their code of conduct rules?
Simon Howarth.
Quoting "J.S.M.Whitaker" <[log in to unmask]>:
> I don't put myself in the "really bothered" category about the collection of
> information for marketing purposes. However, I have recently taken up a
> mobile internet (mobile data modem) offer from one of the key players
> because it was so cheap. During the sign-up process I came across this:
>
>
>
> We've got some great offers on handset insurance and accessories available
> from our group company XXX Retail Limited. If it's ok with you we'd like to
> disclose some of your information (name, address, telephone numbers, make
> and model of your handset, and your date of birth if available) to XXX
> Retail Limited ("XXX Retail") so they can contact you in the same way as
> XXX, about handset insurance and accessories that may be of interest to you.
> If you'd prefer not to receive information from XXX Retail please email
> [log in to unmask] to simply opt-out. Unless you email us we will consider that you
> agree to this disclosure. Information held by XXX Retail will be held
> securely.
>
>
>
> (Name redacted to de-personalise the issue and perhaps to avoid a list
> member feeling picked upon!)
>
>
>
> Do you think this satisfies the requirements of the PECR? Not only is it
> requiring me to opt-out but to do so in a way which puts me to some
> additional effort (if modest) compared to un-ticking a box.
>
>
>
> That this is bad marketing will be generally agreed, I am sure. Certainly I
> shall avoid their additional products and services unless doing so would be
> cutting off my nose to spite my face. Their current offer really is a
> no-brainer if this sort of service is of interest, so refusing to complete
> the purchase would have been silly.
>
>
>
> Interestingly they have just replied with an out of office message
> acknowledging the request (phrased as a DPA section 10 notice) so I shall
> have them if the request is not effective.
>
>
>
> Has anyone found out the ICO views on this sort of thing?
>
>
>
> Regards
>
>
>
> Jim Whitaker
>
>
>
>
>
>
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Simon Howarth
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