I think ICO is correct.
In passing the email may also, in context, be wife's personal data too, but that is largely irrelevant.
The real issue is "individual subscriber" as defined in PECR. There is only one.
Two possibilities:
(1) the subscriber is Fred in which case no issue.
(2) the subscriber is Fred and wife acting as an unincorporated body. In that case the only issue is whether Fred has power to take action on his own. As a matter of practicality and common sense the answer has to be yes. Full legal analysis would have to look at the T&C of the email provider and perhaps the marketer but I'm sure answer would be the same.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|