Tim said "I must declare an address for response, and ideally for removal of
the email address"
Very generous me thinks !
Peter - in the spirit of discussion
P.S./N.B. Not the only issue but I'm sure others will have something to say about renting/scanning/sufficient notification.................
Peter Wilson
Data Protection Officer
University of Paisley
>>> "Trent,Tim" <[log in to unmask]> 07/19/01 08:50am >>>
In the spirit of this list, and as a discussion, let us seek to define what,
for us, is the definition of SPAM, and what is legitimate direct marketing.
And let us place it within the confines initially of the UK's Data
Protection and other relevant legislation.
To start this, I am going to hazard a scenario and a definition. This is MY
personal definition for the purposes of this list, and does not reflect the
views of my employer, nor of my role within my employer's business. It is a
stalking horse for discussion, simply.
* When I acquire an email address by whatever means including renting
of lists, even including scanning websites for email contact details, I must
declare within a reasonable time to the data subject that I possess this
data item
* The data subject, on receiving such notification may require me to
take actions to protect their rights under the law
* I may enclose any other correspondence with the notification that I
possess the email address, AND I may use the email address (for it may be my
sole data item on this data subject) to make that notification and to pass
the other correspondence. Indeed the fact of the correspondence itself is
sufficient notification that I possess this data item.
* I must declare an address for response, and ideally for removal of
the email address
* Such a message is thus not SPAM, because I am fulfilling the
criteria of the legislation by notifying the data subject that I have their
details in a timely manner. This is despite the fact that I am also sending
a message relevant to my business or their business as a part of that
notification.
As I stated, this is a stalking horse. It may or may not reflect the legal
position and is my own opinion for the purposes of this forum. The topic
has been raised in my mind by the consultancy that has raised so many
hackles by offering for a fee to fill out registration forms.
Over to you.
_____________________________________________________________
Tim Trent
Director of Database Marketing; Chief Privacy Officer EMEA
> Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile +44
(0)7710 126 618
Visit our home on the web: http://www.gartner.com
Please note that my direct line has changed to +44 (0)1784 267 335. Please
update your records to reflect this.
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