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Overview
of your Legal Obligations
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The
Telecommunications (Data Protection and Privacy) Regulations
These Regulations came into effect on 1 May 1999 and were replaced on 11th December 2003 by the Privacy and Electronic Communications (EC Directive) Regulations 2003.They are intended to protect people - and in some cases businesses - against receiving unwanted direct marketing telephone calls or faxes
What are the broad details?
Direct marketing telephone calls: it is unlawful for someone in business
(including charities or other voluntary organisations) to make such a call
to any Individual if that Individual has either told that business or organisation
that he/she does not want to receive such calls or has registered with the
Telephone Preference Service that they do not wish to receive such calls
from any business or organisation.
Direct marketing faxes: it is unlawful for someone in business (including
charities or other voluntary organisations) to send such a fax to anybody,
whether a consumer or business, if the recipient has registered with the
Fax Preference Service. There is an additional protection for Individuals
in that it is also unlawful to send a direct marketing fax to an Individual
who has not previously consented to receive it. This is a matter for the
sender and recipient to work out between them.
Where a direct marketing call is made the name of the caller must be given
and, if requested, his address or freephone number. (In the case of use
of fax or automated calling systems the address or freephone number have
to be given in any event, in addition to the name of the sender/caller).
Who are Individuals?
Individuals are consumers, sole traders, and (except in Scotland) partnerships.
Who needs to comply with
the Regulations?
All those in business (including charities and voluntary organisations)
who make direct marketing telephone calls to Individuals, or direct marketing
faxes to anybody. Both 'cold' lists and customer lists should be cleaned
against the Telephone Preference Service or Fax Preference Service registers
before calls are made or faxes sent, to ensure compliance with the Regulations.
This is in addition to checking such lists against in-house "do not call"
lists. There is an exception to the above and that is where Individuals
have already indicated to the calling business or organisation that they
do not object to direct marketing telephone calls, or in the case of fax
where a business has indicated to another business that they do not object
to receiving direct marketing faxes from them.
How often do I need to clean my data?
As frequently as is necessary to ensure that nobody protected
by the Regulations, who has registered with either of the registers 28 days
or more previously, is contacted.
Who enforces the Regulations?
The Information Commissioner’s Office. The Telephone Preference Service itself will investigate initial complaints made to it by anyone whose registration has not prevented a call or fax, which it should have done, but the Information Commissioner’s Office will determine any action for breach of the Regulations.
The Telephone Preference Service Ltd which administers the Telephone and
Fax Preference Service register - is a subsidiary company of the Direct
Marketing Association (UK) Ltd which OFCOM has appointed to manage the opt
out registers.
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The
information provided above on the Telecommunications (Data Protection
and Privacy) Regulations 1999 ("the regulations") does not purport to
be comprehensive and is not intended to constitute legal advice. If you
require specific legal advice on the regulations you should consult
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