I doubt that "best practise" [triable, hence in quotes] would have changed the situation. The evidence indicates that when individual #1 supplied his data, individual #2 was still resident at the postal address and (also) using the email address. For all I know he might still be there, or he might still be using the email account from another location ... if #1 hasn't changed the password.
Regards - Michael Bacon
Grimbaldus Limited
> On 1 Feb 2015, at 11:09, Roland Perry <[log in to unmask]> wrote:
>
> In message <[log in to unmask]>, at 09:23:17 on Sun, 1 Feb 2015, Michael Bacon - Grimbaldus <[log in to unmask]> writes
>> The point about the IP address identifying the ISP is an interesting one,
>
> I was actually thinking about the "skybroadband.com" in the header, but it's the same thing really because that's just the result of a reverse-DNS lookup.
>
>> because the rebuttal of a complaint to the ICO used this in part.
>>
>> The issue concerned a complaint from individual #1 that my client had sent marketing emails to his email address when he had opted out.
>>
>> Investigation showed that individual #2 had provided that email address (and the same postal address and home telephone number) some two years
>> prior to individual #1's supply (and had consented to marketing by email).
>>
>> The domain name in the email address was that of a UK ISP. The original communication from individual #2 and the later communication from
>> individual #1 came from the same IP address and the address fell in the block allocated to that ISP.
>>
>> It was my belief that my client was entitled to rely on the first supply as a justification for sending the marketing email.
>>
>> The ICO differed, finding it of import that the email address was the name (with a minor difference) of individual #1 and nothing like
>> individual #2's name and therefore "on the balance of probabilities" the email address was that of individual #1. He advised that my client
>> should contact individual #2 to revalidate his contact details.
>
> Best practice would probably be to send an email to all new opters-in to confirm they really had made the request. But this is virtually unheard of when email addresses have been gathered in bricks and mortar space, quite rare when gathered online, but very common when it's not a marketing opt-it but a subscription [opt-in] to a mailing list.
>
> The latter paradigm arises largely because the specifiers and operators of mailing lists are usually old-school techies, who take privacy very seriously.
> --
> Roland Perry
>
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