The information watchdog has missed an opportunity to overhaul guidance on privacy regulations, says Helen Hart
Since December 2003 it has been illegal for UK companies to send unsolicited marketing e-mails or faxes, or make unsolicited marketing telephone calls. However, figures from CDMS, the data management company, show that over 30% of top UK companies breach the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (the regulations).
The Information Commissioner’s Office (ICO) has taken steps to encourage, rather than compel, compliance by publishing updated guidance on the regulations (see the Guidance for Marketers on the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the guidance)).
The guidance comes in two parts, on:
marketing by electronic means; and
the use of cookies, spyware and mobile phone location data.
The guidance concerning electronic marketing has been split down again into a section for subscribers ie the recipients of commercial e-mails, and a section for marketers. There are also new sections on viral marketing, corporate subscribers and the Telephone Preference Service (TPS),
e-mail tracking and data matching.
The guidance covers some of the questions arising from
