Effective 30 December 2016, the Information Commissioner's
Office ('ICO') will be responsible for recording and
maintaining the Telephone Preference Service ('TPS')
The TPS is a free service offered to the public, which records a
list of those individuals who have expressly opted out of receiving
direct marketing materials. Marketers and other organisations
(including charities, voluntary organisations and political
parties) are required to check the register against their internal
mailing lists to ensure that they do not call numbers registered on
the TPS, unless they have consent to do so.
Currently, the TPS is controlled by Ofcom, but this transfer of
power to the ICO by the government is seen as a further step in
increasing the efficiency and effectiveness of the ICO's power
to tackle nuisance calls.
As noted in an earlier blog,
'Company bosses can no longer dodge nuisance call
fines', the government is seeking to tighten up the
enforcement of laws so as to prevent nuisance calls; for example,
those making (or instigating) direct marketing telephone calls must
now display their Caller Line Identification when making
automated or live marketing calls. Further plans include the
introduction of personal liability for company directors, which is
tabled for Spring 2017.
The government is sending the message that it means business
when it comes to tackling nuisance calls. Thus, companies and
organisations that make marketing calls should take heed and comply
with the law, checking the TPS register and ensuring that their
databases are up-to-date.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The fourth and final part of our mini-series on the draft ICO guidance on Consent, published on 2 March 2017, focuses on the practical impact the GDPR (General Data Protection Regulation) will have on how your organisation records and manages consent.
In light of the much anticipated ICO draft GDPR (the General Data Protection Regulation) Consent Guidance being published yesterday, 2 March 2017, we will be running a mini-series on the guidelines under consultation and the impact the GDPR will have on the much vexed position of consent and the impact on your business.
The first of our four discussions on the ICO guidelines for Consent will focus on the meaning of consent under the GDPR (General Data Protection Regulation) and how this change enhances the previous law on consent to data processing.
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