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 This message is for the intended addressee's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mis-transmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorised to state them to be the views of any such entity. _____ 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. 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Opinions or views expressed in this message belong to the author only, except where the message states otherwise and the sender is authorised to state them to be the views of Bank of Valletta plc or any of its subsidiaries. If you have received this message in error, please delete it forthwith, destroy any hardcopies, and kindly inform the author immediately. Thank You. Website: http://www.bov.com/ *********************************************************************