In message <[log in to unmask]>, at
12:40:09 on Sun, 1 Feb 2015, Michael Bacon - Grimbaldus
<[log in to unmask]> writes
>I doubt that "best practise" [triable, hence in quotes] would have
>changed the situation.
It would help if the marketing industry adopted it. Then #1 might have
also seen the join-up confirmations, and reflected upon whether he
approved of them.
>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.
If the email asking for confirmation that they'd really wanted to opt-in
was answered in the affirmative by #2, then I think you'd have a much
better case that the email address in question was in use jointly and
severally by the two individuals, with the acquiescence of #1.
His recourse after the relationship split-up (or whatever) would be to
use the links in emails intended for individual #1 to unsubscribe
himself.
If he has access to the historic emails for #2, he could even do that
proactively.
>> 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
>>>
>>> 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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--
Roland Perry
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