Before acting on this e-mail or opening any attachment, you are advised to read the disclaimer at the end of this mail.

Paul

At any time a customer of the Co-operative Bank can opt out of marketing
using our standard process. When people complete an application for any
account by any channel (Internet, paper or phone) they are given the
opportunity to opt out of marketing. Any items which we produce that
collect data also contain the marketing opt out and, in line with the
British Banking code, we remind all customers at least every three years
of their ability to opt out of marketing at any time.

The document you are referring to is a new set of T&Cs which does not
inherently change the T&Cs to which you and other customers signed up
but has been reworded to clarify the uses of data so that yourself and
our other customers are clear about what we do with your data.

There is no requirement to give a marketing opt in/out as part of the
T&Cs themselves so long as they are on the application form etc. The
document you are referring to actually does however contain the
following statement within it '(if you do not wish to receive such
information please write to us at Customer Service, The Co-operative
Bank etc....).

By virtue of the fact that people have signed up for service with The
Co-operative Bank and been given the opportunity to opt out of marketing
but not taken it then they have 'soft opted in' to the receipt of
marketing of similar products and services as allowed by the Privacy and
Electronic Communications (EC Directive) Regulations 2003 (SI 2003 No.
2426).

I hope this helps clarify the situation with regards The Co-operative
Bank.

Regards

Ian G Dean
Data Protection Manager
Co-operative Financial Services
(incorporating The Co-operative Bank and the Co-operative insurance Society)


____________________Reply Separator____________________
Subject:    [data-protection] New marketing regulations
Author: Paul Ticher <[log in to unmask]>
Date:       08/10/2003 12:39

I just received revised terms and conditions from my bank (Coop), in which
they have a clause allowing them to market to me by letter, phone (including
automatic dialling), fax, e-mail or any other method.  The new Privacy and
Electronic Communications (EC Directive) Regulations 2003 (SI 2003 No. 2426)
which come into force on 11 December say that I have to "notify" my consent
for fax marketing, automatic calling, phone marketing (if my number is on
the TPS register) and e-mail marketing other than in relation to similar
goods and services to what they are already providing me with.  So I have
written back to ask how their revised terms and conditions comply with the
requirement for me to notify them.  Has anyone else come across a similar
attempt to undermine the new Regulations?

If anyone would be interested, I would be happy to e-mail a short summary of
my understanding of the current position relating to marketing, taking
account of the DPA, the new Regulations (which are a vast improvement
compared to the parts of the 1999 Data Protection and Privacy Regulations
that they replace, I have to say), and various other e-commerce regulations.

Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB

I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.

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