Can you imply consent from a 'no response'?
Sukhvinder Hayer, Information Access Team.
London Fire and Emergency Planning Authority.
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-----Original Message-----
From: Steve McCain [mailto:[log in to unmask]]
Sent: 17 September 2003 15:46
To: [log in to unmask]
Subject: Re: [data-protection] Privacy and Electronic Communications
Directive
We have just launched a web application to handle enquiries and requests
for course booklets
and our prospectus.
We follow-up enquiries at later dates by sending information which I
suppose is marketing material,
for example about open days, by both post and by email & text messages. We
decided in the end
to have two separate questions on the form:-
---------------------
The data you submit will be stored in a University of Bradford database,
and used to supply you with the information you requested.
We may also use the data at a later date to inform you of new courses and
events within your chosen area.
Would you like to receive further information through the post? [SELECT /
YES / NO]
Would you like us to keep you up-to-date with emails and text
messages? [SELECT / YES / NO]
-----------------------------
If the enquirer chooses not to answer the questions then YES is assumed for
postal
delivery of further marketing material but NO is assumed for electronic
delivery.
This seemed the best way of reconciling the requirements of the new
directive with
the desire of our marketing dept to send enquirers information.
We used selection boxes on the web form rather than tick boxes because it
allows the user
to explicitly select YES or NO but allows them to refuse to answer the
question (the user just sees
'SELECT' in the box and must select YES or NO from the pull-down list below
the SELECT value).
It is not possible to tell with a tick box [Y / N] whether the 'Y' answer
that is received by the software
at the back-end comes from the user or is just the default value. I do not
think that the data can be
taken as being accurate unless it is comes from an explicit response from
the enquirer.
hope this helps
Steve McCain
At 11:16 17/09/2003 +0100, you wrote:
>These regulations (Directive and draft UK) refer to having prior consent
(I'm
>ignoring the "soft opt in" for the moment) for unsolicited marketing by
>email/SMS. I would be interested to hear whether organisations are going
for
>the route of a more explicit form of consent such as a tick box, or if a
>signature on a document, perhaps containing lots of information, that
>includes
>a statement "I consent...", is considered adequate.
>
>Chris
>
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