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Charles Prescott on 29 September 2005 at 12:23 said:-
[Snip]
> In the greater scheme of dangers to individual liberties
> from the misuse of personal data, marketing use is completely
> trivial, which was recognized by the Commission and
> Parliament in 1995. That should be borne in mind by all
> players, and I am surprised that an otherwise reasonably
> balanced DPA would begin to preach this.
[Snip]
That statement seems to include an inherent assumption that very large
databases containing personal data carry very limited risks, a view which
seems to be completely negated by the constant changes in purpose(s) with
many personal data holdings, and completely at odds with the need for any
regulation in this area.
Perhaps the time has come to question the continuing validity of those pre
1995 views.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Charles Prescott
> Sent: 29 September 2005 12:23
> To: [log in to unmask]
> Subject: Re: Marketing to be opt-in?
>
>
> This is a disease that is being spread increasingly by the
> Italian DPA. They have never accepted 14(f) of the Data
> Protection Directive, to which I refer you all. This was a
> long and hard fought battle from 1992 to 1995, which veterans
> will recall. It is partially reflect i n UK legislation by
> the fact there is an exception for data controllers even from
> notification to the DPA if the only use they make of personal
> data is to market. This view, that marketing use must be
> consented to, will cause a huge uproar. In case no one
> noticed, government, political parties, fund-raisers and all
> businesses now depend on the use of databases to remain in
> contact with their respective constituencies and to find new ones.
> In the greater scheme of dangers to individual liberties
> from the misuse of personal data, marketing use is completely
> trivial, which was recognized by the Commission and
> Parliament in 1995. That should be borne in mind by all
> players, and I am surprised that an otherwise reasonably
> balanced DPA would begin to preach this.
> I recognize that many of you loathe marketing use, and the
> opt-out system (opt-in for e-mail) has been successful in
> responding to the public's needs, and society and the
> economy's where sufficient resources are deployed to enforce
> the law. Just remember - if you don't like getting "junk"
> mail that is addressed, it's because there is not the data
> and skill in your market to enable companies to target
> better. If you continue to restrict data use for marketing
> purposes, I can positively assure you that you will be
> flooded with unaddressed trash.
>
> Charles Prescott
> Vice President, International Business Development
> and Government Affairs
> 1120 Avenue of the Americas
> New York, NY 10036
> USA
>
> Tel. +1.212.790-1552
> Fax. +1.212.790.1499
> [log in to unmask]
> >>> Paul Ticher <[log in to unmask]> 09/29/05 5:25 AM >>>
> Hi all,
>
> Can anyone shed any light on this?
>
> A participant in one of my training courses last week
> reported having heard a staff member from the Commissioner's
> Office, in public, stating categorically that an opt out from
> marketing was not sufficient, and that an opt in was the only
> way to comply with the DPA.
>
> I have just received an e-mail from a different client saying
> that a colleague has been told that the law is changing soon
> to require an opt in.
>
> Both are from voluntary organisations, so the marketing in
> question is likely to be mainly fundraising appeals.
>
> There is nothing on the Commissioner's web site to indicate a
> change in policy, and there has been no mention in this
> group. Therefore I am assuming that this is a
> misunderstanding of some kind. But my first informant was
> adamant that she had heard correctly, and now to get the same
> thing from a different source suggests that something has
> been said somewhere.
>
> Any thoughts?
>
> Paul Ticher
> 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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