Print

---

[log in to unmask]" type="cite">As far as I'm concerned one of the most interesting parts of the PECR and the directive is the phrase 'individual subscriber'.

One of the techniques used by the House of Lords (soon to be Supreme Court) in construction is, where European Law is concerned, looking at the words used in the Directive the transposing legislation is supposed to implete, and even the various versions in other Community languages.

Now looking at the directive, it appears to me that the prohibition of direct marketing by email is intended to protect natural persons. The UK's 'individual subscribers' phrase appears to imply a narrower construction.

So is '[log in to unmask]', sitting in his office at work, within or without r.22 of PECR 2003?

On reading the Directive, I've come to a fairly strong conclusion. What do others think?



Tim Trent wrote:

Chaps, have you issued a complaint to the UKIC?  And have you considered the example Nigel Roberts has set by issuing either a summons or a demand for payment to charity as an out of court settlement?

Roland Perry wrote:

In message <[log in to unmask]>, at 12:23:45 on Wed, 23 Apr 2008, Ekin Caglar <[log in to unmask]> writes

Just got another one! Easycheck from selectabase.co.uk... On their unregistration page, they state "We require that our clients follow email best practice and send only permission based emails. We do not allow them to use Selectabase Ltd to send Unsolicited Emails."

Talk about irony...  But of course, they'll claim they've sent the mail to [log in to unmask], not to an individual. And I'll claim it's very easy to find out on whose desk sales@ emails land in our organisation!

Ignore the email address, mine was sent to "Dear Dr Lamb", whoever he might be. Sounds like an individual to me - and an instant alert that they are either doing a dictionary attack, or have bought a very broken list off someone. That's a Fourth Principle offence, to add to all the others...

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    All archives of messages are stored permanently and are
     available to the world wide web community at large at
     http://www.jiscmail.ac.uk/lists/data-protection.html
    If you wish to leave this list please send the command
      leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
             [log in to unmask]
 Full help Desk - please email [log in to unmask] describing your needs
       To receive these emails in HTML format send the command:
        SET data-protection HTML to [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^