I'm thinking along the same lines a Phil here - I'd be hanging my hat on Legit Interests.
If we look at PECR 2003 there are ways and means by which organisations running public electronic communications networks / services can undertake the sorts of activity Danny's referenced where it's necessary for the smooth running of those networks & services.
It would seem odd in principle to recognise a provider legitimate interests in getting under the skin of its commercial offering to ensure that they run smoothly and effectively, but then to take a view that doing the same to support its in-house equivalent / analogous services could somehow need to jump through extra hoops.
Owen
Owen Thomas
Deputy Data Protection Officer
Data Protection Office
People, Communications and Partnerships
Sunderland City Council
0191 5611263
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