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You know when you click to say you don't want e-mails ...

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You know when you click to say you don't want e-mails ...

Postby atticus » Thu Oct 09, 2014 6:46 pm

... Why did I just get this e-mail?

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Re: You know when you click to say you don't want e-mails ..

Postby Slartibartfast » Thu Oct 09, 2014 8:35 pm

That would rather depend on who sent it.
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Re: You know when you click to say you don't want e-mails ..

Postby atticus » Thu Oct 09, 2014 9:10 pm

A train company (no names rule prevents me saying more).

I am trying to decide if sending that e-mail was a misuse of my personal data.
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Re: You know when you click to say you don't want e-mails ..

Postby Slartibartfast » Thu Oct 09, 2014 11:39 pm

Perhaps they want to see if the message bounces due to a false address being provided? Hard to see why they would do it, otherwise.
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Re: You know when you click to say you don't want e-mails ..

Postby JoeDaFone » Fri Oct 10, 2014 10:24 am

A great trick I use for these is a service offered by many email providers but a lot of people don't know about it.

For the example, I will SwarbMail as the example to keep in line with the "no names" policy.

Let's say my email address was joedafone@SwarbMail.com - normally to register for services I would enter that as the email address. However what you can do on most email providers is add variables to your email address.

For example, if I were signing up to BBC News, I would give them the email address "joedafone+BBCNEWS@swarbmail.com" - the email will still reach me but I can set up a rule so that emails sent to that address are automatically deleted or moved to a particular folder.

Other email providers also allow you to add additional dots to your email address, so for BBC News I might use "joe.dafone@swarbmail.com" but on BBC Weather I might use "jo.edafone@swarbmail.com" and again use rules to handle the mails as I see fit.

The great thing for this is that you can see precisely who has shared your email address, because if lots of junk suddenly arrives addressed to joe.dafone@swarbmail.com" then I would know it was the BBC News sign up that leaked my address.

Most of the free providers offer both these services, some web sites will block addresses with a "+" in the address for that reason. In those cases, I use the "." alternative.
Last edited by JoeDaFone on Fri Oct 10, 2014 4:25 pm, edited 1 time in total.
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Re: You know when you click to say you don't want e-mails ..

Postby b1969 » Fri Oct 10, 2014 10:38 am

atticus wrote:I am trying to decide if sending that e-mail was a misuse of my personal data.


It's not a marketing email, (defined in the Data Protection Act 1998 (DPA) as "communication (by whatever means) of any advertising or marketing material which is directed to particular individuals") so the restrictions on the sending of such in the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) don't apply.

So we're back to the DPA. Was the processing of your personal data in compliance with the train company's obligations under section 4(4) to comply with the Schedule One data protection principles?

Arguably, the processing was in contravention of the second principle "Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes", and, by extension, the first (Personal data shall be processed fairly and lawfully"). But I think the company would have a good argument that acknowledging that you don't want to receive emails, by sending an email, was not incompatible with the original processing purposes, and was helpful, rather than unfair.

And, of course, if they subsequently send you further (marketing) emails, you have evidence that they were aware of your original opt-out.
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Re: You know when you click to say you don't want e-mails ..

Postby atticus » Fri Oct 10, 2014 12:18 pm

Quoting more from the same e-mail, I think it would not be hard to argue that it is a marketing e-mail. each of the following has a link to click.
Book ticket now
Manage your account online and:
• Pay no credit card, booking or delivery fees
• Amend and review your booking online
• Find the cheapest fares around the fare finder
• Buy tickets quickly and easily
Destinations
Destinations
Find great days out around the network.
Find out more


Naughty, I think.
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Re: You know when you click to say you don't want e-mails ..

Postby atticus » Fri Oct 10, 2014 12:20 pm

@Joe

Interesting. I just tried that. It works with 2 different e-mail accounts.
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Re: You know when you click to say you don't want e-mails ..

Postby b1969 » Fri Oct 10, 2014 12:35 pm

atticus wrote:Quoting more from the same e-mail, I think it would not be hard to argue that it is a marketing e-mail...


I agree.

You could complain to the Information Commissioner, who will send you back to complain to the data controller. Or you could bring a claim under s13 DPA. I suggest you begin to quantify your damage.

Rumours are this chap got £10.
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Re: You know when you click to say you don't want e-mails ..

Postby atticus » Fri Oct 10, 2014 12:51 pm

E-mail sent to the data controller
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