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EU leaves door open for spam

OUT-LAW News, 13/07/2001

The European Parliament Committee on Citizen’s Freedoms and Rights has voted to give Member States freedom to choose between “opt-in” and “opt-out” schemes for dealing with unsolicited mail.

The move may leave the way open for unsolicited mail or spam to be sent to EU citizens without prior permission, provided they are given the opportunity to ask to be removed from mailing lists.

Marc Cappato MEP commented on the decision of the Committee saying:

"The decision of leaving to Member States the choice between opt-in and opt-out systems on electronic commercial communications is a liberal approach that respects subsidiarity, and that takes into consideration freedom of expression (prohibiting "hidden" spamming) and the different experiences of the Member States."

However, the decision has been criticised by the European Commission and European consumer groups on the grounds that it may place consumers in a vulnerable position as regards direct marketing initiatives. The report also contained provisions relating to data retention and the powers of law enforcement agencies to intercept and store traffic data relating to the on-line and telecommunication activities of individuals.

Now that the Committee has accepted the Cappato report it will be put forward for ratification by the full European Parliament in plenary session. That process is expected to take place in September.

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