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Data Protection Advise on 'Nuisance' Emails

by isleofman.com 20th November 2009

The Office of the Data Protection Supervisor has become aware that direct marketing emails have been sent to, and received by, large numbers of Island residents. 

 

The emails in question have reportedly been sent to many parties including individuals and unincorporated bodies of individuals.

 

The unsolicited emails may have breached a Government regulation which applies to the sending of 'direct marketing to individuals or unincorporated bodies of individuals who do not already have an existing business relationship with the sending organisation'.

 

It is generally deemed acceptable to send an email 'touting' for business to another business but not when the communication is to the email address of a private individual. 

 

In these circumstances, it is necessary to either already have the explicit permission of the recipient to send them such marketing emails or to have a previous business relationship with the person for a similar service or product.


Deputy Data Protection Supervisor Nicola Whiting told isleofman.com that complaints had been made by private individuals who had received unsolicited emails.  We believe these may have come from local restaurateurs issuing Christmas menus.

 

Mrs Whiting also suggested that when marketing emails are being issued to multiple recipients, "it would be preferable for all the receiving email addresses to be hidden by including them in the ‘bcc’ option of an email header". 

 

Direct marketing emails sent to individuals should also include a simple method of opting out from future communications. 

 

This is also a ‘best practice’ recommendation by the Direct Marketing Association.

 

If you have any further queries regarding the use of email for marketing purposes, please contact the Office of the Data Protection Supervisor at enquiries@odps.gov.im or call them on 693260. 

 

Full copies of the regulations and guidance notes can be found on their website at www.gov.im/odps.

Posted by isleofman.com
Friday 20th, November 2009 05:01pm.

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