With due respect to Ian, I don't see how junk e-mail on an office system
could require an opt-in under the Telecomms regulations, since the rights
only apply to the subscriber on a private, not business, line. The staff
aren't the subscribers, and the line isn't private.
The right to opt out of direct marketing doesn't apply to material which is
broadcast, since direct marketing is defined in s.11(3) as communication
'directed to particular individuals'. You could have a field day arguing
whether a message to everyone on a system is 'directed to particular
individuals'.
This is presumably going to be taken care of by the forthcoming EU e-mail
Directive. Meanwhile, I think there is a good (if unappealing) case to be
made for there being no effective right to opt out in the situation
described.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
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