I suppose I can (grudgingly) see this, but I'm not entirely convinced. His expectations might have been based on a literal reading - "yes I consent to you giving the National Gallery my details, because they're clearly not going to do anything with them other than register me on a database". Naïve, yes, misguided, yes, but would it be not reasonable?
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
Ground Floor, New County Offices
tel: 01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
Sent: Thursday 28 February 2013 13:54
To: [log in to unmask]
Subject: Re: [data-protection] Consent
I think he has consented to marketing. Why would the National Gallery want Phil's details except for marketing - and that must have been in the "reasonable expectation" of Phil when he ticked the box
Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 28 February 2013 13:52
To: [log in to unmask]
Subject: Re: [data-protection] Consent
Phil's question was "have I consented *to marketing*?" He explicitly consented to Classic FM passing his details to The National Gallery. Does that mean that he also consented to the latter contacting him for marketing purposes?
The answer has to be no, unless he was informed that this would be the result. The "soft opt-in" provisions of PECR don't apply because National Gallery were not the person who "obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient".
Jonathan Baines
Complaints and Information Rights Officer Legal and Democratic Services Buckinghamshire County Council Ground Floor, New County Offices
tel: 01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Brunella Longo
Sent: Thursday 28 February 2013 12:33
To: [log in to unmask]
Subject: Re: [data-protection] Consent
Yes, unfortunately in the context of the current co-marketing practices you did give your consent for ClassicFM to pass your data to The National Gallery. There is no doubt in that from my point of view.
Interestingly, you noted that you did it 'Today' id est you meant in a precise time (and presumably for a certain social scope you might have imagined related to the arts 'Today'). Nobody assured you that the National Gallery is not going to share your data with a supplier of catering or cafe services for another co-marketing initiative, for instance.
Most of the times consent asked and given in this way does not produce anything really wrong but a potential surplus of junk mail, although it is highly arguable that the treatment respect the DP principles of course.
Things enter another level of potential abusive treatment of personal data when the parties are trading in areas contiguous to sensible matters, like banking and financial services or healthcare. In these sectors, abuses of personal data allow criminals and fraudsters to flourish, especially when they can be easily transfer the burden of evident malpractices to another party or hide them within 'informal' economy gray practices, innovative projects, social media initiatives and games or charitable / trust purposes.
Brunella Longo
Information Management Adviser
http://www.brunellalongo.co.uk
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