I have been watching the bill with interest especially around part 82, What are your thoughts around the use of Legitimate Interest for emails and how this changeover will impact the way that permissions will be captured depending what the final bill will be?

 

82 Use of electronic mail for direct marketing purposes 

(1) Regulation 22 of the PEC Regulations (use of electronic mail for direct marketing purposes) is amended as follows

(2) In paragraph (2), after “paragraph (3)” insert “or (3A)”. 

(3) After paragraph (3) insert— “

(3A) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where— 5 10 15 20 25 30 35 40 Data Protection and Digital Information Bill Part 4 — Other provision about digital information 96 

(a) the direct marketing is solely for the purpose of furthering a charitable, political or other non-commercial objective of that person;

 (b) that person obtained the contact details of the recipient of the electronic mail in the course of the recipient expressing an interest in or offering or providing support for the furtherance of that objective or a similar objective; and 

(c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of their contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where the recipient did not initially refuse the use of the details, at the time of each subsequent communication