Whilst working on a Privacy Policy for a client, we did some more research on this issue. One of the policies we looked at was from the Adobe company who refer to this issue specifically.
Take a look at their 'take' on this here ...
"You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such notice has been posted with the following exception:"
Looks like assumed consent to me. What exception could this be?
"... if at the time you provide personal information to Adobe you limit how such information will be used to communicate with you, either by Adobe or by third parties, Adobe will not change your preference in this regard without your express consent."
Now that seems a whole lot fairer (and more in the spirit of DPA98).
So Adobe have restricted (quite dramatically) on what basis they can continue on assumed consent, whilst it seems many other organisations have not.
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