Hi All
Does the PECR-specific opt-out right / option actually apply here?
PECR Reg 22 refers to unsolicited communications, with a "communication" being defined as something sent over a "public electronic communications service" (xf PECR Reg 2). Such a service is defined in the Communications Act 2003 as being "... any electronic communications service that is provided so as to be available for use by members of the public" - whereas the original post concerns "college email accounts" that are only made available to students and staff, the use of which is mandatory whilst a student at the college.
Could reasonable claim be made that the email service in question is not "...available for use by members of the public"?
If so, PECR would seem to step aside. (?)
Ultimately though, the right of students to object will remain as the definition of direct marketing in DPA 2018 removes the 'accessible to the public' issue and defines direct marketing in such a way that the right of recipients to stop it in Article 21(2) GDPR doesn't seem to be reduced by DPA 2018.
Bit of a long-winded way to conclude that it looks like requests to stop menu (etc) emails will need to be respected...
O Thomas
Deputy DPO
Sunderland City Council
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