I think talk of Bank transfers/payments is taking the matter off topic. please can we keep it on topic.
I have recently contacted again.
Response:
Our reference: IC-13536-P6D0
Dear Mr Gott,
Thank you for your email of 30 May 2019 providing clarity to your concerns. I tried to contact you by phone to discuss the matter further, unfortunately, you were unavailable.
You refer to the use of soft opt-in regarding a case about Royal Mail. Please note that I cannot comment on cases other than your own. That being said, the use of the soft-opt in is relevant when an individual?s details have been obtained in the course of a sale (or negotiations for a sale) of a product or service and the further marketing correspondence is also in relation to selling similar products or services. As Royal Mail sells products and services it may be able to rely on the soft opt-in option in some circumstances. A newsletter would not satisfy the soft opt-in generally because they are sent to promote the aims and ideals of an organisation, rather than selling a particular product or service. In your specific instance, as the British Caving Association (BCA) have not specifically sold individuals a product or service unfortunately the conditions of the soft opt-in are not applicable.
Furthermore, for the soft-opt in to apply individuals must have been given a simple opportunity to refuse or opt out of the marketing correspondence, both when the data was first collected and on every marketing email sent thereafter. From the information you have given it is unclear whether the BCA gives members the opportunity to opt-out when their data is first collected and in every subsequent marketing correspondence; if not then, again, you wouldn?t be able to satisfy the requirements of the soft opt-in.
Along with the above, principle A of the General Data Protection Regulations (GDPR) is that of fairness, lawfulness and transparency. To this end, you must weigh up whether it is in the reasonable expectations of the data subjects to receive marketing from an organisation they did not necessarily wish to join directly. It is for these reasons that the soft-opt in would not be applicable to this specific processing activity.
More detailed information can be found in our guide to direct marketing.
My query:
Hi [BLANK] and the ICO casework team,
Sorry for the delay in replying to your email.
I need to revisit this case, as I do not think I explained the situation fully. and the issue is causing some consternation amongst members of the organisation.
Membership of the British caving association is made up of a few classes of people. The ones we are referring to are members of individual clubs.
At present for a club to join the British caving association, all people in the club must also be "Club individual members" (CIM's). on the website it says that all CIMs will receive an electronic newsletter as a benefit of membership. At present we have no way of checking whether people have been receiving these through their clubs as requested. british-caving.org.uk/wiki3/doku.php?id=membership:cim
So a change has been suggested to shortcut the individual clubs and ensure that every member of the BCA is getting the information which comes as a membership benefit. Most of the people who are proposed to receive these newsletters via email probably already carry a British Caving Association card around with them in their wallet. Which is also manufactured by the BCA.
I have been made aware of two other contacts with the ICO, one of which unfortunately did not have a case reference, but another did.
My understanding of the case in question (RFA0815635) which was raised regarding the Royal mails use of data for advertising. Though I have to admit I was not privy to the original contact with the ICO, I have seen the reply, which outlines the soft opt-in which I believe is applicable to the BCA's case in this instance.
The reason I would propose similarities between the cases, is that the Post office offer a link to the Royal Mails Keepsafe service (under letters and parcels) https://www.postoffice.co.uk/contact-us
Despite the Royal mail and the Post office being separate businesses.
I would surmise that their use of marketing followed the grey area outlined on the Post office website. In our case, yes the BCA and the member organisations are separate entities, but I would ask that another consideration were made regarding our case.
Extract from RFA0815635
"However, there is a limited exception to the requirement for specific consent under PECR, known as the soft opt-in. This means organisations can send marketing texts or emails if:
? they have obtained the contact details in the course of a sale (or negotiations for a sale) of a product or service to that person;
? they are only marketing their own similar products or services; and
? they gave the person a simple opportunity to refuse or opt out of the marketing, both when first collecting the details and in every message after that.
It would appear the soft opt-in option would apply in this case as:
? Royal Mail obtained your details during your purchase of its Keepsafe service;
? Royal Mail is only seeking to market its own products and services to you;
? Royal Mail gives customers the opportunity to refuse any or all forms of marketing, both when first collecting the customer?s preferences and in all communications after that. For more information on how it does this, please Royal Mail?s Group Privacy Notice at section 4, ?Changing your Marketing Preferences?.
As a result, Royal Mail would not require consent in these specific circumstances and its use of opt-out boxes would not represent an infringement of the GDPR or a breach of PECR."