It seems that the ICO are reading it as 'the person that has responsibility for the email account holds the power to opt out of all marketing to any person using that email address'.
I think this is an arguable point though seeing as clearly the account owner has consented to the other individual/s using that email address for their own needs, including opting in to marketing for themselves.
However, the ICO seems to be taking "Mrs Bloggs - [log in to unmask]" and "Mr Bloggs - [log in to unmask]" as the same information? You are sending email, addressed individually, to different people. What is the difference between sending separately addressed emails to one account and sending separate addressed letters to the same house address ? On what basis does Mr Bloggs even have the right to remove Mrs Bloggs ability to receive marketing?
Consequently, I feel it's unreasonable for the ICO to expect that a controller should assume to know what arrangement two or more private individuals sharing an email address have and what restrictions (on accepting marketing) they may agreed amongst themselves.
Andrew Goodfellow-Swaap
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