In message
<[log in to unmask]>,
at 09:34:19 on Thu, 12 Apr 2007, Tim Turner <[log in to unmask]>
writes
>I think that PECR was designed to allow business to spam other businesses,
It was designed to transpose the Privacy Directive 2002/58/EC
>so spamming "[log in to unmask]" would not breach PECR.
13.1: "... electronic mail for the purposes of direct marketing may
only be allowed in respect of subscribers who have given their
prior consent."
Which only covers subscribers who are natural persons (and we are all
familiar with the fact that the subscriber is company.com, and what
types of company are regarded as natural persons).
But if the email address you quote is personal data (I agree that there
is some debate over that) then spamming them at work is a breach of
several aspects of the underlying Data Protection Directive.
One of the features of Directives is that they can't *allow* something
that another Directive *forbids*. So although the Privacy Directive may
be weaker in this context than the DP Directive, the full force of the
DP Directive still applies.
--
Roland Perry
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