The third possibility is that Mrs Bloggs is the subscriber. For example, some years ago I set up email accounts in my wife's name that she still uses.
The point being that the DC has no way of knowing who the subscriber (in PECR terms) is.
What if Mrs Bloggs had been the first to supply the email address to the DC, would that change your view of who is the subscriber ... or is it predicated on the name? If so, what of [log in to unmask], where the users are James and Jessie? Who is the subscriber? Alternatively, whom would it be reasonable for the DC to assume is the subscriber.
I had a previous instance where two individuals resided at the same postal address and shared an email address when ordering items. To complicate matters, they seemed to share payment cards too. One complained, but in that case the ICO did not require the removal of marketing consent from the other party [a not-uncommon inconsistency in their findings]. My view then was, "Sort your differences out at home, chaps."
M
> On 26 May 2016, at 09:16, Phil Bradshaw <[log in to unmask]> wrote:
>
> I think ICO is correct.
>
> In passing the email may also, in context, be wife's personal data too, but that is largely irrelevant.
>
> The real issue is "individual subscriber" as defined in PECR. There is only one.
>
> Two possibilities:
> (1) the subscriber is Fred in which case no issue.
> (2) the subscriber is Fred and wife acting as an unincorporated body. In that case the only issue is whether Fred has power to take action on his own. As a matter of practicality and common sense the answer has to be yes. Full legal analysis would have to look at the T&C of the email provider and perhaps the marketer but I'm sure answer would be the same.
>
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