P>Representatives of the third sector have held a summit to discuss compliance with rules covering fundraising and marketing calls made to supporters of their charities.
The summit, hosted by the Fundraising Standards Board (FRSB), identified four key issues covered in legislation and guidance which both charities and telephone marketing companies require clarification on and in particular where breaches of the Privacy and Electronic Communications Regulations may occur. The issues are:
- While individuals registered with the Telephone Preference Service (TPS) cannot normally be contacted, the Institute of Fundraising's Code of Fundraising Practice provides that existing supporters of a charity may be contacted if the relationship between the charity and the supporter is "sufficiently warm" that the supporter's consent can be inferred. There is no further explanation as to what constitutes a "warm" relationship. The Information Commissioner's Office (ICO) will be consulted by the FRSB and the Institute of Fundraising on how the phrase should be interpreted.
- Both the Institute of Fundraising's Code and the Data Protection Good Practice Note for charities and marketing issued by the ICO state that fundraising companies cannot make unsolicited calls to existing supporters who have joined the Telephone Preference Service list and who have expressly informed them that they do not wish to receive such calls, unless they say they do not object "for the time being". This phrase requires further clarification, so as to better define the period of time allowed.
- There is further uncertainty as to the distinction between marketing calls and administrative calls made by charities, as covered by the Privacy and Electronic Communications (EC Directive) Regulations 2003. Marketing calls include calls made by fundraising organisations.
- The FRSB and the Institute will also seek clarification as to when and how fundraising organisations should obtain permission from individuals to contact them in future, and also in relation to notifying individuals as to how their personal data will be processed.
Once the ICO has received and considered submissions from the FRSB and the Institute, it is expected to "return the call" and provide guidance on their queries to the Institute of Fundraising's Standards Committee. We shall keep you advised.
MacRoberts provides comprehensive guidance on both data protection and charity laws.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
