The European Parliament has failed to reach a decision on a proposal for a directive on the processing of personal data and the protection of privacy in electronic communications. The draft Telecommunications and Data Protection Directive had included provisions for the possibility of banning of unsolicited commercial e-mail, better known as spam.
The draft legislation would have banned all sending of spam unless consumers agreed to receive it by consenting to an ‘opt in’ clause. This ‘opt in’ clause approach was opposed by some individual member states, including the UK, who argued that consumers should specify if they do not want to receive spam, this being the ‘opt out’ approach.

Despite voting to support the ‘opt-in’ approach, the Parliament voted to reject the legislation as a whole. The proposals will now be sent back to the European Parliaments Committee for Citizens’ Freedoms and Rights, Justice and Home Affairs for a re-drafting.

Back in July, this Committee, voted to give individual Member States the freedom to choose between “opt-in” and “opt-out” schemes for dealing with unsolicited mail. This was a decision which was seen to leave open the possibility for spam to be sent to some EU citizens without prior permission, provided that they were given the opportunity to ask to be removed from mailing lists.

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