I've come to this late, as I was away last week.
This is a useful post, but I don't understand why Chris argues that Schedule 2 must be considered before the Principles. Surely compliance with the Principles (including fairness in Principle 1) is the obligation placed on Data Controllers by the Act, and Schedule 2 is subordinate to Principle 1. Failure to meet a Schedule 2 Condition rules out compliance with Principle 1, I agree, but so does a lack of fairness, regardless of Schedule 2.
Thankfully, GDPR separates the two issues entirely. Article 5 contains the Principles and Article 6 independently sets out the possible bases of legitimate processing.
Best wishes,
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: Chris Pounder
To: [log in to unmask]
Sent: Wednesday, October 26, 2016 2:46 PM
Subject: FW: Hawktalk: Digital Economy Bill promises a Statutory Code of Practice on Direct Marketing covering DPA and PECR
Digital Economy Bill promises a Statutory Code of Practice on Direct Marketing covering DPA and PECR
Just published on Hawktalk: http://amberhawk.typepad.com/amberhawk
Clause 77 of the Digital Economy Bill will establish a statutory Direct Marketing Code of Practice that has the same status as the Data Sharing Code of Practice. This Code should finally put to bed all the controversial issues with respect to Direct Marketing (e.g. whether there should be "opt-in" or "opt-out"), the meaning of "consent" in the context of marketing and when it is possible to engage in Direct Marketing without the consent of the data subject.
In interested, go to blog
C
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