Julian :

Yes equivalent is not in the DPA 98 Act itself but in supporting legislation.

Statutory Instrument 2003 No. 2426 The Privacy and Electronic Communications (EC Directive) Regulations 2003

http://www.hmso.gov.uk/si/si2003/20032426.htm#muscat_highlighter_first_match

See section 22

Use of electronic mail for direct marketing purposes
     22. - (1) This regulation applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers.

    (2) Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender.

    (3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where -



  (a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;

  (b) the direct marketing is in respect of that person's similar products and services only; and

  (c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.


    (4) A subscriber shall not permit his line to be used in contravention of paragraph (2).


David Wyatt



  ----- Original Message -----
  From: Julian Curmi
  To: [log in to unmask]
  Sent: Wednesday, February 11, 2004 9:49 AM
  Subject: [data-protection] Prior Consent from Data Subject Before Sending Electronic Direct Marketing eg Email



  A legal notice has been issued here in Malta related to the current Data Protection Act 2001 - it states that if an organisation would like to send direct marketing via email for example, it must first seek the consent of the person. However, there are conditions set that if the organisation would have acquired the email address during the normal course of business/opening a relationship with the organistion eg opening of a bank account/filling in the relative forms - in other words, the customer would have provided the email address, then the organisation need not obtain prior consent as it would have been implied by the customer upon signing of the opening of account form. Of course the form should contain the relative DP notice etc.

  My question is - is the UK DP Act have a similar condition.

  Regards

  J:)
  Malta


       David Goddard <[log in to unmask]>
        Sent by: This list is for those interested in Data Protection issues <[log in to unmask]>
        11/02/2004 10:39
        Please respond to David Goddard

               
                To: [log in to unmask]
                cc:
                Subject: [data-protection] data protection disclosure request



  Colleagues,

  Does anyone have experience of disclosure of university records to a former
  student on a professional qualification programme (eg social work, nursing,
  medicine, professions allied to health), where that student's training had
  been terminated under a procedure to determine suitability/fitness to
  practise: in particular, experience of disclosure of information from third
  parties, information relating to the decision-making under the termination
  procedure, and information that could place others at risk from the student?

  Thoughts and suggestions welcome.

  Regards
  David

  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
  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
  (all commands go to [log in to unmask] not the list please)
  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^




------------------------------------------------------------------------------
  Internet Email Notice

  The information contained in this message or any of its attachments may be privileged and confidential and intended for the exclusive use of the addressee. If you are not the addressee, any disclosure, reproduction, distribution or other dissemination or use of this message is strictly prohibited.

  Opinions or views expressed in this message belong to the author only, except where the message states otherwise and the sender is authorised to state them to be the views of Bank of Valletta plc or any of its subsidiaries. If you have received this message in error, please delete it forthwith, destroy any hardcopies, and kindly inform the author immediately.

  Thank You.

  Website: http://www.bov.com/

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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
  (all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^