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Subject: UKNM: Data Protection Act -Reply
From: John Enser
Date: Thu, 24 Feb 2000 00:27:17 GMT

Always one to rise to the bait...

Sam, you are wrong. - It is not necessarily opt-in - the test is clear
unequivocal consent, so if the opt out is explicit and prominent enough, it
is still legal.

There are some complicated transitional provisions about what you can
do with old data (and old registrations)

We have a shortish faq - and a clock counting down to implementation of
the Act - at http://www.olswang.com/countdown.html

The Data Protection Commissioner also has a good site
www.dataprotection.gov.uk

John
-------------------------------------------

John Enser, Partner
Olswang
90 Long Acre
London WC2E 9TT

Tel 0171 208 8716
Fax 0171 208 8800
E-mail jxeatolswang [dot] com

>>> Sam Michel <samatchinwag [dot] com> 23/February/2000 11:14am >>>
Anyone got any concerns or problems regarding the new Data
Protection Act
which kicks in on 1st March?

Am I wrong in thinking we all have to switch from opt-out to opt-in, which

netiquette-wise has always been preferable. Anyone know what the
score is
for companies who have gathered email-marketing lists under the old
rules?

Any of the legal folks care to comment on the new legislation?

Toodle Pip

Sam
---------------------------------------------------------------------------
Sam Michel - Founder - http://www.chinwag.com

This firm is regulated by the Law Society in the conduct of investment
business. A list of partners is available for inspection at Olswang, 90
Long Acre, London, WC2E 9TT. This e-mail is intended only for the
above named addressee/s. This e-mail may be confidential or legally
privileged. If you have received this e-mail and you are not a named
addressee, please delete it from your system and contact the Olswang
IT department on +44 171 208 8888 (x8422).


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