Friday, September 11, 2015

International (UK): First-tier Tribunal dismisses Optical Express appeal on marketing texts

Although not local - take note of what consent means when you want to use Personal Information for Direct Marketing - the same principle/condition will apply in the RSA as well:

The First-tier Tribunal has upheld the Information Commissioner’s enforcement notice requiring Optical Express (Westfield) Limited (Optical Express) to stop sending unsolicited marketing texts, in contravention of section 22(2) of the Privacy Regulations 2003 (as amended), to individuals whose details were obtained under data supplier agreements.
Case: Optical Express used personal data provided by a number of suppliers, including Thomas Cook, to send text messages marketing its laser eye surgery. The Information Commissioner received 7506 complaints from individuals about this. Optical Express argued, among other things, that if their suppliers agreed in their contracts to only supply "consented data" that should be sufficient proof of consent. Brian Kennedy QC disagreed, " ... when consent was obtained by Thomas Cook or whomever, it was not stipulated (or at least it has not been shown to have been stipulated) that the personal data would be processed by OE. Neither was the marketing of specific types of products stipulated ... This falls under the "to guarantee fair processing" category. If the data subject doesn't know what other products might be marketed then how can he exercise his right to object to some of them whilst being happy to receive others?" In failing to obtain "proper, fully informed and specific consent", Optical Express had not met the requirements of regulation 22(2

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