Privacy
and Electronic Communications
The
Privacy and Electronic Communication Regulations came into force on
11 December 2003 and supersedes the Telecommunications (Data Protection
and Privacy) Regulations 1999. The Privacy and Electronic Communications
(EC Directive) Regulations 2003 (PECR) covers unsolicited direct marketing
sent by electronic means, the most common of which are phone calls,
faxes, emails and SMS.
Different rules
apply depending on the type of communication and some of the rules apply
to both individuals and corporate subscribers , some only apply to individuals.
However, regardless of whether or not the rules apply in particular
circumstances organisations which send direct marketing in any form
should ensure that they always identify themselves, provide contact
information and suppress people's details if they choose to opt out.
Automated
marketing calls - Regulation 19
Organisations that use automated or pre-recorded phone messages to try
and sell or promote their products or business must obtain the prior
consent of the subscriber. Where a subscriber receives an automated
marketing call they haven't agreed to there may have been a breach of
the regulations.
But the Information
Commissioner's Office can only look at complaints about automated calls
where:
Where the complainant
is unable to obtain information that would identify the company calling
them,the ICO are usually unable to pursue the matter as they do not
have the powers to make telephone companies provide them with information
identifying callers.
Where the caller
is based outside of the UK, this falls outside the Information Commissioner's
jurisdiction and they are again unable to pursue the matter.
Faxes
- Regulation 20
Organisations cannot send unsolicited marketing faxes to any individuals
unless they have specifically asked for them. In addition, organisations
cannot send any faxes to those individuals and organisations who have
registered their number on the Fax Preference Service (FPS). The FPS
works in the same way as the TPS.
Telesales
calls - Regulation 21
Under the Regulations, organisations cannot make direct marketing calls
to people (individuals and organisations) if they have told them that
they do not want them to call or if they have registered their number
on the Telephone Preference Service (TPS) or Corporate Telephone Preference
Service (CTPS). These are statutory lists of telephone numbers for people
who do not want to receive unsolicited marketing calls. All organisations
who conduct electronic marketing by telephone must screen their calls
against the TPS. If your number is on the TPS then they should not call
you, unless you have specifically asked them to. However, you need to
be aware that your TPS registration will take 28 days to come into force.
Electronic
mail marketing - Regulation 22 and 23
The rules covering electronic mail apply to email, SMS and other forms
of messages.
Organisations can only send unsolicited marketing by electronic mail
where the individual has specifically requested it, ie they have opted
in. There is an exception to this rule, which is known as a soft opt
in, but only applies where:
-
the
organisation obtained the details in the course of a sale or the
negotiations for a sale of a product or service;
-
the
messages are only marketing their similar products or services;
and
-
the
individual is given a simple opportunity to refuse the marketing
when their details are collected and are given another simple way
to do so in every future message.
You can opt
out of receiving marketing at any time by contacting the organisation
directly. They must comply with any opt out requests promptly.
Your
rights
Individuals have the right
to refuse unsolicited marketing messages by fax, phone, email and
SMS messages.
Individuals
and organisations can register with the Telephone Preference Service
if they do not want to receive unsolicited marketing calls. Individuals
and organisations can register with the Fax Preference Service if they
do not want to receive unsolicited marketing faxes
