OK, Tim, this might be your definition.
That has not been my experience - clearly everyone has the right to ignore
such approaches. I have rarely had a complaint from someone working from a
company that I have written to in this way - either for employment,
consultancy work or selling to local authorities or the NHS.
Writing to companies with a cv is an unsolicited application. I have had
quite a number of invitations for interviews based on such approaches. This
might be addressed to the named individual in a company which is announcing
a new development which I feel that I might be able to work on.
I have set up quite a few demos with local authorities - I have never had a
complaint. They are people responsible for the area of work for which the
software is intended. They will refer me to a better contact if they know
one.
I might add that in the latter (marketing) case they rarely obtain responses
straight from emails - I wouldn't expect it - this is an introduction - I
then follow this up with a phonecall.
Another example. The local Chamber of Commerce has a directory which is
searchable on its website. This has names, addresses, phone numbers and
(mostly) email addresses. Writing by email to people who might be interested
in my services - or might be able to recommend to their clients hardly seems
a crime.
It is worth pointing out that I am not on a permanent salary and therefore I
don't have the luxury of receiving a monthly pay cheque.
Nick Landau
----- Original Message -----
From: "Tim Turner" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 09, 2007 8:54 AM
Subject: [data-protection] What is spam? [was: Spam and email bugs (Long,
but interesting . . )]
> Here is my definition of spam: "an email I haven't asked for and don't
> want". If a person sends an email to a business offering services or
> products, with no previous relationship with the business, and no
> permission
> to email them, it's spam. It may not be illegal, but it's still spam. It
> is
> destined for the bin.
>
> The difference between post, phone on one side and electronic means of
> communication on the other comes with the Privacy and Electronic
> Communications Regulations. The regulations place specific requirements on
> marketers (which is what you become if you try to actively sell or promote
> products, services or ideas). A person can't email or text without prior
> permission (there's the soft opt-in, but it's just too early in the
> morning
> for that), but they can phone or write without permission, although they
> can't phone people on the TPS unless they have specific permission. I know
> this is a bit of a simplification, but I hope it'll do.
>
> The contradiction comes here: according to the Regs, companies or
> individuals with something to sell can't email me at home without my
> permission. They do, but that's another story. Companies etc. can email me
> at work, even without my permission. Phone is the same for home and work,
> post is the same for home and work, but email isn't. Presumably, the
> Direct
> Marketing industry did some frenetic lobbying to win that one. Given how
> quick one can delete an email, I don't know why they bothered.
> Nevertheless,
> as far as the regs are concerned, you can send unwanted marketing emails
> to
> companies. As it happens, if you send marketing emails to an address that
> looks like mine (i.e. it contains my full name), then I can prevent you
> from
> sending them to me under Section 11 of the DPA because you are processing
> my
> personal data.
>
> But we come back to the beginning: unsolicited often means unwanted, and
> people tend not to value things that they haven't asked for.
>
>
> Tim Turner
> Data Protection / FOI Officer
> Legal and Property Services
> Wigan Council
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Landau
> Sent: Thu 08 February 2007 15:53
> To: [log in to unmask]
> Subject: Re: [data-protection] Fwd: Re: [data-protection] Spam and email
> bugs (Long, but interesting . . )
>
> OK, would you please define what you mean by "spamming" businesses?
>
> How is me emailing businesses that might be interested in my services - I
> am
> an individual contractor/service provider - any different from me writing
> to
> them or phoning them.
>
> I would suggest that the volume is something to do with it.
>
> I am an individual not hiding behind any corporation who will respond to
> every email response that I receive.
>
> Is emailing companies or individuals in companies regarding job
> opportunities spamming - and if you tell me it is then you are having a
> laugh.
>
> Nick Landau
>
> ----- Original Message -----
> From: "Roland Perry" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, February 08, 2007 2:07 PM
> Subject: Re: [data-protection] Fwd: Re: [data-protection] Spam and email
> bugs (Long, but interesting . . )
>
>
>> In message <[log in to unmask]>, at 12:55:57
>> on Thu, 8 Feb 2007, NICHOLAS LANDAU <[log in to unmask]> writes
>>
>>>I would suggest that anyone that says that any email address with a
>>>person's name in it - even when contacted to a council or hospital
>>>email address - is automatically personal information, is not living
>>>in the real world.
>>
>> It's personal information alright, but the circumstances will
>> determine whether or not it's a correct assumption that an email to
>> such a person, addressed at a "corporate" domain, is being used in a B2B
> context or not.
>> In some cases it will, in others (see my earlier example) it won't.
>>
>> Meanwhile, the fuzzy thinking that spamming businesses is OK, whereas
>> spamming individuals isn't, is the unfortunate state of the current EU
>> law. But spam is such a problem within the topic of Internet
>> Governance, that I think this may change with time.
>>
>> One important test, much ignored in current debates, is whether or not
>> the emails in question are "bulk". Unsolicited *bulk* email is the
>> original criterion used by ISPs, before the regulators got involved.
>> --
>> Roland Perry
>>
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