Merck Sharp & Dohme: Univadis mailing sent after unsubscribe request and envelope not marked confidential (AUTH/1839/5/06)

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Key facts

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Case number	AUTH/1839/5/06
Complainant	General practitioner
Company	Merck Sharp & Dohme
Material	Univadis overland mailing containing username and password
Main issue	Mailing sent after unsubscribe request; envelope not marked confidential leading to staff opening; handling of confidential data
Applicable Code year	2006
Complaint received	11 May 2006
Case completed	4 July 2006
Panel findings	Breach Clause 9.1; No breach Clauses 12.3 and 9.9
Sanctions	Undertaking received; Additional sanctions: Not stated
Appeal	No appeal

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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A general practitioner complained about a Univadis overland mailing from Merck Sharp & Dohme (MSD). Univadis was a free online service providing information to health professionals and was also used to send promotional material.
The mailing included the GP’s name, username and password and the envelope was not marked “private and confidential”, so surgery staff opened it.
The GP said he had asked Univadis twice to deregister and stop receiving information; at least once deregistration was confirmed, yet the mailing was still received.
MSD said the GP was removed from promotional email lists on 5 January 2006, but his Univadis account remained active; in May 2006 a “security” envelope was sent to all registered users as part of a portal relaunch, with username/password printed inside.
After the GP complained by phone on 4 May 2006, MSD deleted the account on that day and confirmed deletion by letter on 5 May 2006. MSD also said future overland mailings containing personal information would be marked “confidential – addressee only”.

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Breach: Clause 9.1 (high standards).
No breach: Clause 12.3.
No breach: Clause 9.9.
The Panel considered it was most unfortunate MSD did not check whether the complainant still wanted to receive any Univadis mailings after the January unsubscribe request, and that confidential data was sent in an envelope not suitably marked to prevent others opening it.

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