Letters to confirm consent

Xpress Data

Free Member
Nov 6, 2018
42
1
Hi all

Bit of a strange one here

Came across an instance where one of our clients wishes to contact customers who have confirmed they wish to be contacted about things of interest too them, and want to use this to as a vehicle to confirm if they wish to opt in to other services they provide.(given the time that has elapsed since they last confirmed this and they are still a customer of the client).

I'm swaying towards saying that this is permissible, even if the customer has opted out, the client would have a duty of care to ensure data they hold is accurate and correct on a periodic basis. (a yearly check to confirm the information they hold is correct for example).

Moreover, the communication they'll be issuing clearly states the reason for thr contact, has a positive opt in option and links to their privacy notice on line.

Thoughts?
 
First of all, if someone has Opted Out, they've Opted Out. No get out's, no ways around it, they've made their intentions clear. Any message sent that is not "market research" would be viewed as marketing, and if they're Opt Out, that's unlawful.

If it's postal and they've not explicitly opted out, Legitimate Interest could be used to send a message and if it was a telephone call, they could also be called under Legitimate Interest using the Soft Opt In provided for under PECR, providing the number isn't listed on TPS.

Any "duty of care" to ensure accurate data wouldn't really come into it. If they can't communicate and the customer has not purchased recently, hasn't Opted In or previously been made aware of a Legitimate Interest and given the chance to Opt Out, then the data has probably served its original purpose, shouldn't be used for this "new purpose" and ought to be deleted.
 
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Excellent answer from Mike above, I would just add in the long term this could potentially do more damage to the company / brand than good
 
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