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? ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving messages please send to the list owner [log in to unmask] Full help Desk - please email [log in to unmask] describing your needs To receive these emails in HTML format send the command: SET data-protection HTML to [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ "EMF <dechert.com>" made the following annotations. ------------------------------------------------------------------------------ This e-mail is from Dechert LLP, a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, please delete the e-mail and any attachments, and notify the sender. Dechert LLP is a limited liability partnership registered in England & Wales (Registered No. OC306029) and is regulated by the Solicitors Regulation Authority. A list of names of the members of Dechert LLP (who are solicitors or registered foreign lawyers) is available for inspection at its registered office, 160 Queen Victoria Street, London EC4V 4QQ. ============================================================================== ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving messages please send to the list owner [log in to unmask] Full help Desk - please email [log in to unmask] describing your needs To receive these emails in HTML format send the command: SET data-protection HTML to [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^