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US asked UK about weakening protections against being spammed, secret NHS trade documents show

New deal could see users sent emails that they did not opt into, according to documents that Labour claims show 'Tory plot to sell off NHS'

Andrew Griffin
Wednesday 27 November 2019 13:22 GMT
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Jeremy Corbyn poses with members of NHS staff as he presents documents related to post-Brexit UK-US Trade talks
Jeremy Corbyn poses with members of NHS staff as he presents documents related to post-Brexit UK-US Trade talks (Getty)

The US asked UK representatives about loosening restrictions on people being spammed as part of post-Brexit trade talks, newly released documents show.

The 451-page dossier was revealed by Jeremy Corbyn as part of a press conference in which he claimed the documents show that the NHS is on the table as part of trade talks.

As with the discussions about the NHS, the documents do not commit either side to any agreement. But it shows that the two sides discussed the relatively lax protections on spam emails that are in place in the US, and suggests that the representatives of the Trump administration backed those rules.

At the moment, European rules largely favour the idea that people should opt in to communications and email messages. In the UK, users must consent to receive marketing messages, for instance, whereas in the US there are fewer rules about when companies can send people spam emails.

The newly-revealed documents say that one of the US representatives indicated that the country "deems some commercial messages as legitimate as opposed to countries which require an opt in affirmation".

"The US preference is a system that allows consumers to opt out, but still recognized that some rules for SPAM are necessary," it continues.

"Rules for emails are different from the rules established for mobile devices and telephone generally, though the US has concern with apps like “Whatapp” which blur the line between digital and telecommunication."

The documents make clear that Uk representatives said that the opt-in approach is "EU strategy and there is interest in the UK to ensure trade agreements delivering benefits for consumers", suggesting that the government may attempt to keep the current rules that protect customers from unwanted messages.

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