back to article Marketing by opt-in, opt-out, consent or legitimate interest?

If a=b and b=c then it follows that a=c. So, how does this set of simple equations relate to data protection? Well if direct marketeers, privacy advocates and supervisory authorities recognised that a=c then most of the debate concerning data protection and the marketing purpose would be settled. Don’t believe me? Just follow …

  1. JimmyPage Silver badge
    FAIL

    The real test, is where the money is to be made ...

    because, mysteriously, premium-rate phone numbers are *still* "opt-out", not "opt-in".

    1. Warm Braw

      Re: The real test, is where the money is to be made ...

      And the multiple daily PPI and "new boiler" robocalls that I receive are not optional in any sense - and since they come from spoofed numbers cannot easily be tracked. While the "legal" marketeers need a firm grip on their windpipes, we also need to do something about those who already ignore the rules.

      1. heyrick Silver badge

        Re: The real test, is where the money is to be made ...

        When I was living in the UK, I had a small program to pick up Caller ID information. If the number was known, the phone would ring. Otherwise the fax modem would answer immediately.

  2. Anonymous Coward
    Anonymous Coward

    Marketing email

    I'm not virulently opposed to some marketing type emails, e.g. the occasional "special offer" from somewhere I buy from semi/regularly.

    Two things I would like to specify, on those occasions when I might opt in, are

    (i) a maximum-rate of emails (e.g. one per week, one per month, per three months...)

    (ii) a time limit (e.g. no more emails & delete address after one year)

    If I could set those, then I might even opt in more often (i.e. more than never-on-purpose). One email/month on sale items might lead me to check your website, but two/week/forever is outright annoying.

    1. alain williams Silver badge

      Re: Marketing email

      (iii) the ability to opt out at any time - I mean really opt out, not just some link that pretends to do that and, in reality, confirms that I am reading their spam.

    2. David Nash Silver badge

      Re: Marketing email

      Agreed - some of these legit suppliers that I am happy to buy from sometimes, seem to think that we appreciate daily emails.

      Where do they get these ideas? Do they just push it to see how far they can go?

    3. heyrick Silver badge

      Re: Marketing email

      ...and don't waste my time trying to sell me what I just purchased unless it is something that could legitimately be a regular purchase. Regular batteries or SD cards, yes. A shaver, no.

  3. Cuddles

    Complete nonsense

    While I agree with the conclusion, the reasoning and "maths" (scare quotes definitely needed) used to get there are laughably wrong here. To start with, the use of "=" is completely wrong. You cannot equate a set with a variable, and you cannot equate an action with the result of that action. What the blog actually meant to use is "if, then" or "->". ie. "If a, then b", or "a -> b" often stated as "a implies b".

    This is not just nitpicking terms, it's fundamental to the whole argument. By saying a=b, b=c and therefore b=c you are claiming that all three are the same thing. But b is trivially not the same thing at all, and there's absolutely nothing suggesting c must be the same as either a or b. The correct statements are:

    a -> b

    c -> b

    Note that there is no connection between the two. The article argues that the former is true, but doesn't even attempt to say anything about the latter. It claims that c must be the same as a because it leads to the same outcome, but provides no argument or evidence to actually support that. If b is "I have a book on my desk", a is "I put it there" and c is "A carrier pigeon was released from a small town in Belgium and dropped the book on my desk" then both a -> b and c -> b are true, but clearly a and c are not at all the same.

    Basically, the article treats a=b=c as the conclusion reached at the end of the line of reasoning, when in fact it is nothing more than their initial hypothesis. It's just a big mess of circular reasoning that starts by claiming a=b=c and justifies it by repeating the same statement several more times.

    1. Woodgar

      Re: Complete nonsense

      My thoughts exactly.

      The author appears to have absolutely no understanding of basic set theory, and the pseudo maths bollocks is just there to try to make them look clever. The whole thing is absolute tosh.

  4. Eeeek

    Straw-man arguement

    This article is nothing but a straw man argument, and not even a well done one. The author should be reprimanded for such obvious garbage and the editor should also be reprimanded for letting it get published. What utter nonsense.

  5. Doctor Syntax Silver badge

    I have a simpler rule: if you try to market stuff to me I won't buy anything from you. That includes stopping buying if I have done in the past. My current house insurers will discover that later this year.

  6. MrTuK

    Opt In should be for everything NOT Opt Out !

    Any reasonable person would say that you should have a tick box than it unticked as default and if you want to Opt In then fine otherwise you Opt out !

    That goes for everything from Donor cards to marketing to anything else - Simple !

    Certain people will not like my answer, but its the best for everyone !

    I understand the is case for Donor cards, but if someone believes that strongly for them they will carry it !

    You cannot just infer because they haven't got a Donor card to Opt Out that they must want to give any said organs for whatever purposes, what happens if they are a foreign national who doesn't understand the rules before entering UK !

    Also it always worried me that they had an ulterior motive for letting you die to harvest your organs !

    So no matter the case in question, it should always be Opt In situation !

    Can you ever imagine MS using an Opt Out selection to avoid downgrading to Win 10 - No exactly - they just use other dirty tactics instead like closing said window to avoid answering the question actually means you want to upgrade or downgrade depending on your particular point of view !!!

  7. Mark 85

    Opt-in --- Opt-out.. it's all BS from here....

    Have you noticed that advertisers don't care? They hate adblockers. They're bottom line is the "legitimate interest"? Do not Track is ignored. Spoofed phone numbers and email addy's are the norm. Hit the "unsubscribe" button and suddenly you're email addy has been moved to the "active email" list. You get a phones call that starts off with "can you hear me".. if you answer "yes" that ticked into the "the sucker will take calls" box and the phone rings more.

    The whole marketing/advertising game is a lose-lose for anyone not involved in the profit side. Whatever the lawmakers come up with will either be ignored or the advertisers and miscreants will find a work around.

    </rant>

    1. Doctor Syntax Silver badge

      Re: Opt-in --- Opt-out.. it's all BS from here....

      'if you answer "yes" that ticked into the "the sucker will take calls" box and the phone rings more.'

      I have an alternative. How long will the sucker hold the line "a moment"?

  8. Saul Dobney

    Make it compulsory to report where opt-in was obtained with a refernce number so iyou trace it back.

  9. Robert Carnegie Silver badge

    This week on BBC radio business discussion show "The Bottom Line"...

    Topic: British membership of the European Union - good or bad for business?

    One contributor was complaining that the EU wants to legislate over and over again to restrict his ability to collect data and locate and market directly to prospective customers...

    That's spam, I do believe. Spam, or maybe junk post.

    I was slightly surprised that no one said so on the air.

    1. Robert Carnegie Silver badge

      "The Bottom Line" - details

      The programme: http://www.bbc.co.uk/programmes/b07c4tqf

      The company: https://www.davidnieper.co.uk

      Beware - if I heard correctly, not only does Christopher Nieper want to reach out to non-customers at will, but I -think- he said that the business also relies on sending goods without bothering to have a customer order them first - apparently something that there was a risk of the European Union banning, but averted..

      People who have never heard of him are safe for now (so, whoops), but put the two together and he will be sending -you- his cashmere T-shirts with an unexpected invoice. A ticklish situation.

      http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

      doesn't mention what to do if you are sent stuff you haven't ordered. I think I remember that if you open it then you may have to pay for it, but the smart thing is to call back and say "Something I didn't want has been delivered, do you want to come and get it?" Something like that.

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