This depends on two things:

1)    What you want to achieve.

If you want a list of definitely keen people, then go for an opt in.  If you 
think the greater purpose would be served by having a list of people who are 
either keen or don't mind, then consider an opt out.

2)    What you perceive the risks to be.

If the risk of publishing the details is high, then an opt in is by far 
safest way to go.  However, if the site is restricted to members - and you 
basically trust your members not to misuse the data - and you are happy that 
your security is adequate - then an opt-out is almost certainly adequate.

The best way to administer an opt-out is to piggy-back on something that 
people are sending you anyway (such as a membership renewal).

* You must provide a full explanation of what is involved (in order to 
comply with Principle 1 and - because it is on the web site - Principle 8 if 
any of your members are abroad).  It may be worth saying that you take no 
responsibility for what other members do with the contact details, but that 
they are provided on the understanding that they are only to be used for 
purposes related to that of the society, and not for marketing - or 
something like that.

* Do not offer both a yes and a no box, because then you don't know what to 
do with people who tick neither.

* If they send the form back without ticking the no box then you probably 
have their consent - because sending the form back without ticking the box 
'signifies' their consent, and therefore complies with the Directive 
definition of consent.

If you can't piggy-back on something else, make the opting out process as 
easy as possible (e.g. a freepost address or freephone number) - and give 
people several opportunities.  They might miss your first announcement, or 
be away at the time.  However, be aware that failure to respond in such a 
case does not count as consent, because the members have done nothing to 
'signify' their preference.  You therefore have to comply with one of the 
other Schedule 2 Conditions: Condition 6 is the only likely one, and you 
would have to be confident that you are not infringing the 'rights, freedoms 
and legitimate interests' of your members by publishing their details 
without consent.

Don't forget that people who have consented can withdraw their consent, so 
you must have a way of responding promptly if people change their minds and 
ask for their details to be removed.

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.


----- Original Message ----- 
From: "Linda Haylock" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 25, 2007 3:22 PM
Subject: Signature for opting in required?


We are planning to make our members' database available on our website in
the spring.

It will be a members only, password-protected area that will include
contact details of members.

We are presently sending out forms to all our members with the
statement "I agree to have my details listed in a members-only, password-
protected area of the website", a 'Yes' tickbox, a 'No' tickbox and a
space for signature and date.

Quite a large number of people have not sent the form back, or have sent
the form back without ticking either Yes or No, and the whole exercise is
becoming costly and time-consuming.

Then I came across another association's form which quite simply said "The
Society is Registered under the Data Protection Act 1998. If you have any
objection to your details being included in the Members’ List that is
available only to other Members, please tick here."

Is this latter 'opt out clause' sufficient, does anybody know? Or is a
signature opting in mandatory?

Linda

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