Jon Baines writes:
I suspect everyone is now fed up to the back teeth of emails from long-forgotten and sometimes never-known businesses and organisations claiming they need us to renew our consent to receive electronic marketing from them. In many cases we never wanted the marketing in the first place and therefore almost certainly never consented to receive it, according to how “consent” has been construed in the operative law (the Data Protection Act 1998 (DPA), and, specifically, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR)). Everyone is probably equally fed up with similar emails from businesses and organisations we do have a relationship with, and from whom we do want to hear. I’m not going to rehash the law on this – I’ve written and commented multiple times elsewhere (search “Jon Baines +banging head against a brick wall”), as have other, more sage people (try Tim Turner, Adam Rose or Matt Burgess).
But I did notice that the Information Commissioner’s Office (ICO) recently issued a broadly helpful corrective to some of the misinformation out there. I say “broadly helpful” because it is necessarily, and probably correctly, cautious about giving advice which could be potentially interpreted as “do nothing”. Nonetheless, it makes clear that in some cases, do nothing is precisely the right thing to do: although the definition of “consent” from the General Data Protection Regulation (GDPR) will drop into PECR, replacing the definition which currently applies (the one at section 11 (3) of the DPA), this does not represent a significant reconfiguring. In general, if you had proper consent before GDPR, you’ll have proper consent under GDPR, and if you didn’t, well, you probably don’t have consent to send an email asking for consent.
Read more on Information Rights and Wrongs.
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