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DATA-PROTECTION  April 2008

DATA-PROTECTION April 2008

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Subject:

Re: Forced consent on a website

From:

"Marchini, Renzo" <[log in to unmask]>

Reply-To:

Marchini, Renzo

Date:

Mon, 21 Apr 2008 16:36:35 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (91 lines)

I think that that practice does not meet legal requirements, but I also
know that others (including very reputable companies) do not take that
view.

On the face of it, money-quote (and their "associates") arguably did get
your consent (in that you could have decided to go elsewhere). Looking
at the page you sent it contains a click just above the line: "By
submitting this form you are consenting to your information being passed
to an associate of MoneyQuote who may contact you."

As I say, some would take the view that you opted-in as you then
proceeded to click. (And why should a click be any different from a
tick?)

I am inclined to the view that such a reading of the opt-in requirement
under PECR all but disintegrates any distinction between opt-in,
opt-out, soft opt-in, or whatever.. and your reaction to such a result
shows how unfair it really is.

... but I was (surprisingly) faced with precisely that type of argument
when negotiating FPN language with data protection lawyers at one of the
world's biggest banks, in relation to a co-marketing initiative with my
client, who took the same view as money-quote seem to have taken: if you
buy our service, and we tell you what we are doing, then you opt-in to
what we are doing. 

Renzo 

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: Monday, April 21, 2008 8:03 PM
To: [log in to unmask]
Subject: [data-protection] Forced consent on a website

I was looking for a mortgage. I filled out the form on 
http://tinyurl.com/4ulchc I pressed the 'get my quote' button. I was 
contacted by a broker who seemed very helpful. I was happy.

A few days later I got unsolicited email about an unrelated financial 
website from a different company. I was unhappy. I rang the company who 
spammed me. Their director told me that they had bought my personal 
details from money-quote.co.uk.

I was furious. At them, partly, but mostly at myself for, with my 
experience providing my personal data to companies who don't even 
provide an opt-out box on the form, let alone obtain explicit informed 
consent by an opt-in?

Am I overreacting?

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