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Hi Tim,

Thanks for your reply.

I may have given the wrong impression - the legal notice sets a number of 
conditions that we are interpreting that it gives the organisation the 
right to use the email address. Of course, whether or not we have 
interpreted it correctly will be debated once a customer objects and the 
case is taken to the DPC.

Please forgive my ignorance on the acronyms you used - what does UCE and 
CE mean?? I didn't understand the 'close, but no cigar moment' either :((

Regards

J
Malta




Tim Trent <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues 
<[log in to unmask]>
11/02/2004 11:01
Please respond to Tim Trent

 
        To:     [log in to unmask]
        cc: 
        Subject:        Re: [data-protection] Prior Consent from Data Subject Before Sending 
Electronic Direct Marketing  eg Email


At first sight this seems to try to emulate the "soft opt in" under
2002/58/EC.  But it actually goes far further than that because it implies
that ANY giving of email address implies that UCE becomes CE.

I think your government has it wrong ;)  This is a "close, but no cigar"
moment!





Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP <http://www.marketingimprovement.com/>
http://www.marketingimprovement.com



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From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Julian Curmi
Sent: Wednesday, February 11, 2004 9:50 AM
To: [log in to unmask]
Subject: [data-protection] Prior Consent from Data Subject Before Sending
Electronic Direct Marketing eg Email



A legal notice has been issued here in Malta related to the current Data
Protection Act 2001 - it states that if an organisation would like to send
direct marketing via email for example, it must first seek the consent of
the person. However, there are conditions set that if the organisation 
would
have acquired the email address during the normal course of 
business/opening
a relationship with the organistion eg opening of a bank account/filling 
in
the relative forms - in other words, the customer would have provided the
email address, then the organisation need not obtain prior consent as it
would have been implied by the customer upon signing of the opening of
account form. Of course the form should contain the relative DP notice 
etc.

My question is - is the UK DP Act have a similar condition.

Regards

J:)
Malta



David Goddard <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>


11/02/2004 10:39
Please respond to David Goddard



To:        [log in to unmask]
cc:
Subject:        [data-protection] data protection disclosure request



Colleagues,

Does anyone have experience of disclosure of university records to a 
former
student on a professional qualification programme (eg social work, 
nursing,
medicine, professions allied to health), where that student's training had
been terminated under a procedure to determine suitability/fitness to
practise: in particular, experience of disclosure of information from 
third
parties, information relating to the decision-making under the termination
procedure, and information that could place others at risk from the 
student?

Thoughts and suggestions welcome.

Regards
David

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Opinions or views expressed in this message belong to the author
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error, please delete it forthwith, destroy any hardcopies, and
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Thank You.

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