Colleagues,
You may have read the following extract from the Information Commissioner's
Annual Report 2004.
'The Regulations (Privacy & Electronic Communications Regulation 2003) do
not apply to emails sent to a corporate subscriber. This means that whilst
an unsolicited marketing message sent to an individual's mobile phone or
email address is covered, exactly the same message sent to a
company-provided mobile phone or workplace computer will not be. Not
surprisingly many find this difficult to understand.' - Page 46.
I am confused by the IC's contradictory legal guidance on the DPA 1998, that
defines "Direct marketing" for the purposes of this provision as meaning the
communication (by whatever means) of any advertising or marketing material
which is directed to particular individuals.
Does this mean that it is now, or has always been, entirely permissible for
employers to 'direct market' their employees, to their desktop, with all
sorts of offers ignoring opt in/out requests? Not surprisingly, until now I
have advised against such in accordance with the earlier IC guidance.
As always, I would appreciate your comments.
Alex Mitchell
North Lanarkshire Council
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