In message
<!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAJC1JUPkFrNHu6j7i
[log in to unmask]>, at 15:04:53 on Sun, 3 Dec
2006, Tim Trent <[log in to unmask]> writes
>A Fair Processing Notice is the one thing that would have made it fair. All
>else hinged on the lack of it.
The general lack of those is a much wider issue, and I agree with you
that more needs to be done about it.
>An automated process to distribute leads is interesting. I IMMEDIATELY used
>the same process to generate another lead which prohibited the call.
Hmm, so was there some sort of "notes" field into which you type the
prohibition, or was it more sophisticated than that? Does the form have
a box to tick to say "this isn't a new sales lead, it's cancelling an
old one"?
I once signed up to a marketing website that had a long policy
statement, and specifically said that it would not process the data of
anyone under 16. But the problem was, they had no way of me telling them
how old I was. So I subscribed as "[log in to unmask]".
Imagine my lack of surprise when they started mailing things to that
address!! The mailing would have been permitted if I was over 16. Of
course I am over 16, but the principle remains, they could/should have
assumed I wasn't.
>Nonetheless the call arrived.
If the person was working through the sales leads in the order they'd
arrived, and assuming the method you used to communicate the prohibition
was actually transferred with the second sales "anti"lead, I still think
it's asking a bit much for the person to have correlated the two.
>But my major beef is the passing of my data, without my consent, to a random
>third party at all.
Was the third party in any sense an agent of website owner?
>I have an expectation that the law will be complied with. I have an
>expectation that those who generate automatic systems also comply with the
>law. This was easy to prevent. And this is an area where the UKIC should
>be marshalling some serious efforts
>
>-----Original Message-----
>From: This list is for those interested in Data Protection issues
>[mailto:[log in to unmask]] On Behalf Of Roland Perry
>Sent: 03 December 2006 10:27
>To: [log in to unmask]
>Subject: Re: [data-protection] Even we "experts" get caught out
>
>In message
><!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAHOsRqRvgyNNknujD
>[log in to unmask]>, at 09:32:25 on Sun, 3 Dec 2006,
>Tim Trent <[log in to unmask]> writes
>>Friday night I was after a mortgage indication.
>
>...
>
>>I fond the real details and immediately emailed a total prohibition on
>>contacting me, required removal etc.
>>
>>At 10:15 on Saturday I was phoned by some random mortgage broker who
>>had "been passed my details as a sales lead".
>
>...
>
>>he broke the PECR by contacting me after prohibition.
>
>Even if there was a channel for him to receive an "anti"sales-lead, is it
>realistic to expect that to kick in between Friday evening and Saturday
>morning?
>
>Or are you suggesting that as well as (what seems clearly to be) an
>automated process for distributing sales leads, they should also have an
>automated process (or person working 24x7) for recognising and distributing
>prohibition notices? [I can see a certain parity, but realistically life's
>not like that.]
>
>I thought it was reasonably well accepted (if not particularly good
>practice) that a marketing "opt-out" can take a month to work its way
>through the system?
>>
>>His fault? I'm suggesting that he did not have a proper contract to
>>receive data as a Data Controller form the business who took my details.
>
>What would have made it "more proper"? The mechanism above, or something
>else?
>--
>Roland Perry
>
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--
Roland Perry
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