"the customer did not recall providing consent..."
I experience this sometimes: did I forget to check a box? did I check a box when I shouldn't have? Whenever I do experience this, though, I remind myself that I *never* knowingly consent to marketing and then forget about it, and that I always opt out where necessary to avoid soft opt-in marketing.
So I then tend to ponder whether it's not a problem with my memory, but rather a problem with the marketer's compliance and understanding of the need for specific and informed consent.
YMMV, as they say.
Jon Baines,
Chair,
nadpo.co.uk
> On 19 Mar 2016, at 18:52, Michael Bacon - Grimbaldus <[log in to unmask]> wrote:
>
> A client recently received a s.42 in respect of a customer who had received marketing by SMS. It was lawful, BTW. Over a period of time, the customer's issue evolved from a simple complaint about the marketing (because the customer did not recall providing consent) to a request to be informed of the source - which question had been essentially answered at the outset of the correspondence, some months before.
>
> As one might get expect, the s.42 covered PECR and Principles 1 & 2. But it also covered Principle 6, as the ICO felt that the customer's request constituted a SAR, and despite it having been answered previously he seemed to feel there was a potential breach of s.7.
>
> Sent from my iPad
>
>> On 11 Mar 2016, at 09:21, Ibrahim Hasan <[log in to unmask]> wrote:
>>
>> New Blog Post
>>
>> A Hard Rain's a-Gonna Fall - One Man's search for consent to marketing:
>>
>> https://actnowtraining.wordpress.com/2016/03/10/a-hard-rains-a-gonna-fall-2/
>>
>> Ibrahim Hasan
>>
>> Solicitor and Director
>> Act Now Training Limited
>>
>> www.actnow.org.uk
>>
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