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I think this illustrates the fine line between legal obligations and best practice.  While probably legal I would argue against this being best practice.  To use the old chestnut it isn't in the 'spirit of the law'...  That and it's very poor customer service
 
Also given that your mother was only cremated on Friday marketing you a few days after her cremation is also not the most tactful thing in the world and I would agree intrusive.  Given her cremation was Friday they must have sent the material the same day!! 
 
Without wishing to stick up for the crematorium you'd have thought they would have applied some common sense and at least let some time pass, even given the seeming legality of the situation.
 
As an aside Tim was the crematorium private or run by the local authority?  Assuming the latter it may be worth contacting the authority's DP officer and talking to them.
 
Lee

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Mon 05 November 2007 11:10
To: [log in to unmask]
Subject: Re: [data-protection] An "interesting" event, but is it wrong?

I have just been called by a person from the crematorium with the statement that it is my fault ("there IS a box on the form, sir")for not ticking a box on the "consent to a cremation form", that I never saw, and that no-one drew my attention to, that was close to but BELOW the pace for signature on the form.

One may this argue that I ought to have seen this box, but I feel one may argue in return that no item below the signature is relevant to the contract.

There is a very strong argument that the newly bereaved are unlikely, despite the law presuming them to be competent, to see all items on the forms they sign because of their emotional state.  You can probably guess that I am normally diligent in selecting which organisations may market to me, but that my eye will have been off the ball.

I also make the strong argument for Permission Based Marketing.  Even if lawful, this is intrusive beyond tolerance (my tolerance at least).  The form should opt IN to marketing whatever the legalities state.

I feel tricked into giving consent - not the best platform to mount a marketing campaign from, really.

Griffiths, Ian wrote:
[log in to unmask] type="cite">
There it is...

My only question would be whether there is consent elsewhere, do you
recall doing this?

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 05 November 2007 10:31
To: [log in to unmask]
Subject: [data-protection] An "interesting" event, but is it wrong?

What surprises me is that my data has been used by the crematorium as if
it had been passed to them for marketing purposes whereas it was passed
to them solely for the execution of a contract.

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