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I guess technically I must apologise. Pretty well hidden though !
The soft opt-in does not work with harvested / bought-in emails as Reg 22(3)(a) requires (via two 'that's) that the marketer has had prior contact with the marketee. Nor does making email available e.g. on a website amount to soliciting marketing.
----- Original Message -----
From: Lynn Wyeth
Sent: 08/21/13 07:50 AM
Subject: Re: [data-protection] is this legal?
Playing devil's advocate... If your email is available on the net to be harvested, can you not be said to be inviting emails and contact? Especially if it is business elated and not personal. (Genuine question, I'm not sure what opinion is on that) Reg 22(3) 'soft opt-in' allows them to buy your addresses from similar companies doesn't it? Without prior consent. As long as they then give you an opt out option... which they do. I'm not sure where in PECR it says you have to give a link to click to opt out, the company simply have to offer an option of asking to be taken off... they do this by telling you to email them. So don't they comply with the law? They state on their website under disclaimer: Additional Company Information Govnet Communications Limited is the trading name of Partnership Media Group Limited, registered in England & Wales, company number 03307092. Our registered office is Hollins Chambers, 64a Bridge Street, Manchester, M3 3BA. Our registered VAT number is 686 2779 74 Lynn ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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