Hi Duncan,
I've a special place full of cans of worms and it's getting rather messy - in fact I think both the cans and the worms are breeding and a lot of the cans have more, bigger cans inside.
I may divert into my own issues, for which I apologise in advance. I'm referring to the GDPR as we need to meet these standards ASAP - any data not matching GDPR requirements is worthless after May 25 2018.
The last sentence of article 47 is pretty clear to me: "The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest." Where this does not conflict with PECR, that means we don't need consent....?
The DMA seem to be thinking that the same should apply to all marketing Methods, if PECR applies or not:
https://dma.org.uk/article/gdpr-direct-marketing-as-a-legitimate-interest
One of my web development teams are doing exactly what you're describing below (data scraping) without any consent beyond the usual cookie warning - although they're keeping it for internal use. I've told them it'll need to be deleted May 24 2018...
However if we were to do it, on demand, for a specific client (data controller) for a specific purpose, as a data processor under a contract that's fine, as the client will need to gain consent for what will be their data.............
Regarding the data subject being unaware until they receive the first bit of marketing, if there's an appropriate additional unsubscribe options and an explanation then that could be OK - as long as you're contacting then as soon as you practicably can and suppress their email & delete additional data then why not do it? You can't ask for their opt in unless you're collecting their data in the first place??
Mike
The above is just my opinion & a little of what my marketing teams would like me to say - with the exception of the worms and the cans... those are facts.
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