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Subject: RE: UKNM: More viral stuff......
From: Mary Loosemore
Date: Thu, 18 Jan 2001 18:39:30 GMT

I'm not sure the DPA applies to how data is collected (othr than it being
lawfully obtained), it focuses on how it's used once it has been collected.

>From http://www.dataprotection.gov.uk/principl.htm (always v slow to load
btw, but at least it's now been updated to take account of the new Act):

Principles of Data Protection - The rules
Anyone processing personal data must comply with the eight enforceable
principles of good practice. They say that data must be:

fairly and lawfully processed;
processed for limited purposes;
adequate, relevant and not excessive;
accurate;
not kept longer than necessary;
processed in accordance with the data subject's rights;
secure;
not transferred to countries without adequate protection.
Personal data covers both facts and opinions about the individual. It also
includes information regarding the intentions of the data controller towards
the individual, although in some limited circumstances exemptions will
apply. With processing, the definition is far wider than before. For
example, it incorporates the concepts of 'obtaining', holding' and
'disclosing'.

As for emailing the friend, well, my gut feeling is that would be more of a
DPA issue - but given the amount of spam flying around these days, I really
can't see the DPCommissioner doing anything. The Act is so much wider than
its predecessor and everyone is still trying to figure out how it
applies/how it should be applied - widening the legislation to cover digital
data has opened up a bottomless can of worms. For their "current" take (only
a year old):

http://wood.ccta.gov.uk/dpr/dpdoc.nsf

Let the debate continue!

Mary

-----Original Message-----
From: Terry [dot] Cawkwellatnpbs [dot] co [dot] uk [Terry [dot] Cawkwellatnpbs [dot] co [dot] uk (mailto:Terry [dot] Cawkwellatnpbs [dot] co [dot] uk)]
Sent: 17 January 2001 14:44
To: uk-netmarketingatchinwag [dot] com
Subject: RE: UKNM: More viral stuff......


**************************************************************************
What are the Data Protection implications of such activity? I notice
Nationwide are doing something similar with their 'Win a holiday'. The more
friends you recommend the more entries you get and then your friend is
emailed and can recommend etc etc.

Surely they are:
1. collecting names (data) without consent
2. processing such data by sending out an email to the friend.

What are the views of the list? Surely this type of marketing goes against
the DPA and such companies could ultimately be fined for this activity,
should a complaint be made.

Terry Cawkwell

-----Original Message-----
From: Emily Dubberley [emilydatabctales [dot] com (mailto:emilydatabctales [dot] com)]
Sent: 17 January 2001 12:28
To: uk-netmarketingatchinwag [dot] com
Subject: RE: UKNM: More viral stuff......


The dotmusic music quiz was great - you took part in a music quiz, scoring
up to 10 points, then got an additional point for every friend you referred
who signed up for it.

I saw a case study on it and think they had 300,000 enter it the first time
and 700,000 the second time (when they refined it to allow you to choose
between music genres, enter every day to win a prize and had weekly winners
as well as overall winners)

The prize wasn't anything particularly huge - stereo equipment and CDs if I
remember rightly - but the game was highly addictive

Cheers

Emily

[Sam says: msg chopped]

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Replies
  Re: UKNM: More viral stuff......, Silas Denyer

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