DIRECT MARKETING

Section 11 of the DPA gives individuals the right to prevent processing for direct marketing purposes. Section 11(3) defines direct marketing as being ‘the communication (by whatever means) of any advertising or marketing material which is directed at particular individuals’.

The procedure to be followed under section 11 is very similar to the procedure under section 10 (substantial and unwarranted damage or distress), except that the data controller is not required to serve a notice in response to the individual’s notice. As before, the data subject notice must be in writing. As for its contents, it must merely state that the data subject wishes to prevent direct marketing. The data controller then has a reasonable period during ...

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