Phorms Ts and Cs

[Nicholas Bohm]

Peter Tomlinson wrote:
> Nicholas Bohm wrote:
>> Peter Fairbrother wrote:
>>  
>>> Paul Vigay wrote:
>>>
>>> One other point, when BT ask if you want to "opt-in" tp Phorming, is
>>> that an marketing message covered by the Privacy and Electronic
>>> Communications Regulations?
>>>     
>> Not unless it's sent by electronic mail, namely "any text, voice, sound
>> or image message sent over a public electronic communications network
>> which can be stored in the network or in the recipient's terminal
>> equipment until it is collected by the recipient and includes messages
>> sent using a short message service"
> But, if you are already an internet service customer, is it not the case
> that they can legally send you, electronically, as much bumph as they
> like as long as it is directly related to the service?

DPA 11(3):  “direct marketing” means the communication (by whatever
means) of any advertising or marketing material which is directed to
particular individuals.

The invitation to be phormed is probably about a new service rather than
the existing service, so Peter F's corollaries would apply (i.e. you
have to be able to opt out of further communications about the new
service once and for all - see Privacy regs 22), if the BT page counts
as electronic mail as defined.  That seems at first sight more difficult.

Nick
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