Privacy andElectronic Communications (EC Directive)Regulations 2003

Zhuravlev Alexander MSLU 2009

The Information Commissioner's Office (ICO) in the United Kingdom, is a non-departmental public body which reports directly to Parliament and is sponsored by the Ministry of Justice. It is the independent

regulatory office dealing with:• The Data Protection Act 1998 across the UK• The Freedom of Information Act 2000• The Privacy and Electronic Communications (EC Directive)

Regulations 2003• The Environmental Information Regulations 2004 in England and

Wales.

Your rights, responsibilities and obligationsThe Privacy and Electronic Communications Regulations set out rules for people who wish to send you electronic direct marketing

The Privacy and Electronic Communications (EC Directive) Regulations 2003 is a law in the United Kingdom which made it unlawful, amongst other things, to transmit an automated recorded message for direct marketing purposes via a telephone, email and text

messages, without prior consent of the subscriber

The Telephone Preference Service (TPS)

The Telephone Preference Service (TPS) is a free service.

It is the official central opt out register on which you can record

your preference not to receive unsolicited sales or marketing

calls. It is a legal requirement that all organisations (including

charities, voluntary organisations and political parties) do not

make such calls to numbers registered on the TPS unless

they have your consent to do so.

What do the regulations say?

Telesales calls 

Telesales calls are ‘live’ marketing calls, where you speak to a person.

• Telesales calls should not be made to anyone who has registered with the Telephone Preference Service (TPS), unless they have told the caller that they wish to receive such calls from them.

• Also, they should not be made to anyone who has told the caller directly that they do not wish to receive calls.

• Automated marketing calls are pre-recorded marketing messages and can only be used with the prior permission of an individual or organization

Electronic mail Electronic mail is e-mails, SMS (text), picture, video and answer-phone messages. Electronic mail marketing messages should not be sent to individuals without their permission unless all these following criteria are met:

1.The marketer has obtained your details through a sale

or negotiations for a sale.

2. The messages are about similar products or services offered by the sender.

3. You were given an opportunity to refuse the marketing when your details were collected and, if you did not refuse, you were given a simple way

to opt out in every future communication.

The regulations do not cover electronic mail marketing messages sent to businesses.

Faxes

Marketing faxes should not be sent to individuals without their prior permission, and should not be sent to anyone

(individual or business) who has registered their

number on the Fax Preference Service (FPS).

Also, such faxes should not be sent to anyone who

has objected to getting them.

Spam Most bulk ‘spam’ is sent from outside the UK.

If you have a general problem with spam sent from overseas, then there is little help ICO can give. However, you could speak to an internet service provider (ISP) for advice on spam filters or see web pages on spam for general practical advice.

Your rights

• Individuals have the right to refuse unsolicited marketing messages by fax, phone, email and text message. Companies or organisations have the right to refuse marketing by phone and fax. Both can register with the Telephone Preference Service (TPS) if they don't want to receive unsolicited marketing calls

• Individuals and organisations can also register with the Fax Preference Service (FPS) if they don't want to receive unsolicited marketing faxes

• You can deny of receiving marketing at any time by

contacting the organisation directly. They must

comply with this request promptly

What should I do if I think the regulations have been breached?

 

If you think the regulations have been breached, you should write to or email the organisation concerned (remembering to keep a copy of all correspondence). Tell them about the problem and allow them time to put things right. In many cases, things can be resolved quickly without ICO getting involved. You can also call helpline for advice about what you can do to resolve the matter on 08456 306060.

What if I cannot resolve the matter myself?

  If you have contacted the organisation about the problem but have been unable to resolve it, ICO may be able to help.

If necessary, ICO will investigate the problem further. If the law has been broken, they can give the organisation advice and ask them to solve the problem. In the most serious cases, they can order them to do so.

ICO cannot award you compensation or punish an organisation for breaking the law. ICO main aim is to get the organisation to change the way it works so that it complies with the regulations in future.

Enforcement cases

Ivor Cox, trading as Orion Forklift and Plant ,14 October 2009 – The ICO has taken enforcement action against Ivor Cox, trading as Orion Forklift and Plant, following breaches of the Privacy and Electronic Communications Regulations. The action comes after more than 1700 complaints about the organisation were received by the Fax Preference Service (FPS). After considering the complaints made to the FPS and other complaints made to the ICO, the Information Commissioner has served an Enforcement Notice.

SBP Ltd, trading as Europlas,25 January 2008 - Numerous complaints were received at both the ICO and the Telephone Preference Service. An ICO investigation found Europlas to be in breach of the Privacy & Electronic Communications Regulations. The Information Commissioner required the company to sign a formal undertaking to cease making unsolicited marketing calls in breach of the Regulations.

Thank you for attention

Zhuravlev Alexander MSLU 326 2009