William from SLD has just told that this is a "Great Blog!" and has given me his email address to contact him if there are any future problems. He seems genuinely sorry and trying to help. Indeed he says that he has removed my email address from a list and that should resolve it. I know - I have heard that before!
I will update you on 1 October.
Thursday 27 September 2012
#20 UPDATE: Twitter
After sending 90 tweets about my blog to the great and the good of the Liberal Democrat Party @swklibdems (the Southwark Liberal Democrat twitter username) sent this message to me after I started tweeting local newspapers directly:
I have had a direct message in which they were able to tell me my email address very easily. One wonders what has taken so long. Alas I cannot respond to them as they do not follow me (A technical twitter issue). I think they may have to follow me. Which delights me as you will note they do not mention my twitter feed in their response.
You can view my feed here: https://twitter.com/leavemealonesld
I have had a direct message in which they were able to tell me my email address very easily. One wonders what has taken so long. Alas I cannot respond to them as they do not follow me (A technical twitter issue). I think they may have to follow me. Which delights me as you will note they do not mention my twitter feed in their response.
You can view my feed here: https://twitter.com/leavemealonesld
Saturday 1 September 2012
#19: Courting Disaster
In conclusion, I can issue Southwark Liberal Democrats with a formal Section 11 notice but they are still under no real obligation to stop sending me direct marketing unless I then take them to court. They are currently under a legal and moral obligation to stop mailing me but no-one will take action against them. I have to do that myself.
I cannot afford a lawyer.
I could just block them from my email account. But something feels wrong about that.
Can't THEY just STOP SENDING ME EMAILS?
If they cannot run their own mailing list how can they expect to run government. The Lib Dems prove themselves to be a constant embarrassment.
This is how my hotmail inbox looks today:
I cannot afford a lawyer.
I could just block them from my email account. But something feels wrong about that.
Can't THEY just STOP SENDING ME EMAILS?
If they cannot run their own mailing list how can they expect to run government. The Lib Dems prove themselves to be a constant embarrassment.
This is how my hotmail inbox looks today:
If you are as irritated as I am by their incompetence, please feel free to send the SLD an email to let them know:
#18: PROTECT
My final response from the ICO.
I am struck by the irony that every email they send me starts with the word PROTECT written in block capitals and centred above the correspondence:
20 July 2012
Case Reference Number XXXXXXXX
Dear Mr XXXXX,
Thank you for your email. I apologise for the delay in our reply however we are currently receiving high volumes of correspondence which has meant we have been unable to respond to your email as quickly as we would have liked to.
As you know the Information Commissioner’s Office (ICO) regulates the Privacy and Electronic Communications Regulations 2003 (PECR). The PECR don’t specify how the Commissioner should deal with a complaint.
In general the information we receive from a complaint is used to monitor compliance with the PECR and in certain circumstances inform regulatory action. However, in addition, where we can identify an organisation and have evidence to show that they may not have complied with the PECR we will voluntarily write to that organisation and ask them to suppress the complainant’s details and inform them of their obligations under the PECR.
In response to your correspondence we have now contacted Southwark Liberal Democrats on three separate occasions. We have raised the issue of their compliance with the PECR, and asked them to suppress your contact details from their marketing lists.
In the absence of a written reply I also spoke to them on the phone about this matter on 02 May 2012 and 25 June 2012 and received confirmation that the requested suppression had taken place.
Unfortunately, your receipt of further emails would seem to demonstrate that they do not appear to have appropriately complied with regulation 22 of the PECR and have failed to successfully suppress your contact details. Unfortunately our suppression request process seems to have been unsuccessful on this occasion, and as such there seems to be little benefit in pursuing this approach.
Your specific situation provides an example of poor compliance on the part of Southwark Liberal Democrats which we will share with our Enforcement colleagues. In conjunction with them we continually monitor compliance with the PECR, and consider where and when it is appropriate to take any action in line with our Regulatory Action Policy. All information we receive about an organisation’s compliance may be used to inform future enforcement activities.
As mentioned previously, whilst we can take enforcement action under the PECR, the PECR do not specify in what circumstances such action is appropriate. On this basis the Information Commissioner has prepared a statement setting out our enforcement priorities, which is available on our website (View the Data Protection Regulatory Action Policy).
You will see from this policy that the Commissioner’s general approach is to take targeted, proportionate and effective regulatory action. This (and the fact that, as a regulator, the Commissioner must remain impartial) means that in most cases enforcement action is unlikely to be considered appropriate in respect of one individual’s complaint.
We appreciate that unfortunately you may continue to receive marketing communications from Southwark Liberal Democrats in the near future; however there is no further action which the Information Commissioner can take in your specific case at this time.
I should point out that we do hold regular liaison meetings with representatives from the main political parties and I have discussed this matter with my colleague who attends the meetings in order for her to raise this general issue with our contact at the Liberal Democrats.
As indicated in our letter of 11 June 2012 the Information Commissioners Office also regulates the Data Protection Act 1998 (DPA). Under Section 11 of the DPA an individual has the right to prevent their personal data being used for direct marketing. Whilst you have already emailed the organisation on a number of occasions previously and asked them to stop marketing you, you may wish to consider sending a formal Section 11 notice to Southwark Liberal Democrats. The DPA says that they should stop using your details for direct marketing purposes within a reasonable period (normally 28 days for email marketing).
If you issue Southwark Liberal Democrats with such a notice but continue to receive emails after this period then we could consider this matter as a complaint under the DPA. Please see the attached guidance note for further details of this process. It is important to point out, however, that even in cases where we consider the organisation has not complied with the DPA we would not be able to compel them to stop marketing you. This could only be achieved by making an application to court.
That said, if you do continue to receive marketing correspondence then you may wish to consider this option although we would recommend you seek legal advice before doing so.
I appreciate that this may not be the outcome that you would like, but hope that the above information has clarified the current situation.
Yours sincerely,
Case Officer (First Contact Group)
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
T. 01625 545561 F. 01625 524510 www.ico.gov.uk
Please consider the environment before printing this email
____________________________________________________________________
The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
To read my final thoughts on the matter, click HERE
I am struck by the irony that every email they send me starts with the word PROTECT written in block capitals and centred above the correspondence:
PROTECT
20 July 2012
Case Reference Number XXXXXXXX
Dear Mr XXXXX,
Thank you for your email. I apologise for the delay in our reply however we are currently receiving high volumes of correspondence which has meant we have been unable to respond to your email as quickly as we would have liked to.
As you know the Information Commissioner’s Office (ICO) regulates the Privacy and Electronic Communications Regulations 2003 (PECR). The PECR don’t specify how the Commissioner should deal with a complaint.
In general the information we receive from a complaint is used to monitor compliance with the PECR and in certain circumstances inform regulatory action. However, in addition, where we can identify an organisation and have evidence to show that they may not have complied with the PECR we will voluntarily write to that organisation and ask them to suppress the complainant’s details and inform them of their obligations under the PECR.
In response to your correspondence we have now contacted Southwark Liberal Democrats on three separate occasions. We have raised the issue of their compliance with the PECR, and asked them to suppress your contact details from their marketing lists.
In the absence of a written reply I also spoke to them on the phone about this matter on 02 May 2012 and 25 June 2012 and received confirmation that the requested suppression had taken place.
Unfortunately, your receipt of further emails would seem to demonstrate that they do not appear to have appropriately complied with regulation 22 of the PECR and have failed to successfully suppress your contact details. Unfortunately our suppression request process seems to have been unsuccessful on this occasion, and as such there seems to be little benefit in pursuing this approach.
Your specific situation provides an example of poor compliance on the part of Southwark Liberal Democrats which we will share with our Enforcement colleagues. In conjunction with them we continually monitor compliance with the PECR, and consider where and when it is appropriate to take any action in line with our Regulatory Action Policy. All information we receive about an organisation’s compliance may be used to inform future enforcement activities.
As mentioned previously, whilst we can take enforcement action under the PECR, the PECR do not specify in what circumstances such action is appropriate. On this basis the Information Commissioner has prepared a statement setting out our enforcement priorities, which is available on our website (View the Data Protection Regulatory Action Policy).
You will see from this policy that the Commissioner’s general approach is to take targeted, proportionate and effective regulatory action. This (and the fact that, as a regulator, the Commissioner must remain impartial) means that in most cases enforcement action is unlikely to be considered appropriate in respect of one individual’s complaint.
We appreciate that unfortunately you may continue to receive marketing communications from Southwark Liberal Democrats in the near future; however there is no further action which the Information Commissioner can take in your specific case at this time.
I should point out that we do hold regular liaison meetings with representatives from the main political parties and I have discussed this matter with my colleague who attends the meetings in order for her to raise this general issue with our contact at the Liberal Democrats.
As indicated in our letter of 11 June 2012 the Information Commissioners Office also regulates the Data Protection Act 1998 (DPA). Under Section 11 of the DPA an individual has the right to prevent their personal data being used for direct marketing. Whilst you have already emailed the organisation on a number of occasions previously and asked them to stop marketing you, you may wish to consider sending a formal Section 11 notice to Southwark Liberal Democrats. The DPA says that they should stop using your details for direct marketing purposes within a reasonable period (normally 28 days for email marketing).
If you issue Southwark Liberal Democrats with such a notice but continue to receive emails after this period then we could consider this matter as a complaint under the DPA. Please see the attached guidance note for further details of this process. It is important to point out, however, that even in cases where we consider the organisation has not complied with the DPA we would not be able to compel them to stop marketing you. This could only be achieved by making an application to court.
That said, if you do continue to receive marketing correspondence then you may wish to consider this option although we would recommend you seek legal advice before doing so.
I appreciate that this may not be the outcome that you would like, but hope that the above information has clarified the current situation.
Yours sincerely,
Case Officer (First Contact Group)
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
T. 01625 545561 F. 01625 524510 www.ico.gov.uk
Please consider the environment before printing this email
____________________________________________________________________
The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
To read my final thoughts on the matter, click HERE
#17: End of my tether...
The SLD sent me yet another email so I sent yet another email to the ICO:
Dear Ms XXXXX,
I have again received an email from the SLD.
I cannot keep sending you images from my inbox everytime this happens anymore.
Please tell me how I can escalate me complaint.
Best wishes,
Aaron
You may be surprised to learn I can escalate, to find out how click HERE.
Dear Ms XXXXX,
I have again received an email from the SLD.
I cannot keep sending you images from my inbox everytime this happens anymore.
Please tell me how I can escalate me complaint.
Best wishes,
Aaron
You may be surprised to learn I can escalate, to find out how click HERE.
#16: "Next Steps"
No highlights here as it is all an entirely new email Just For Me, ALL FOR ME.
11 June 2012
Case Reference Number XXXXXXX
Dear Mr XXXXX,
Thank you for your email.
I am sorry that you are disappointed with our response and understand your frustration at the continued receipt of marketing communications from Southwark Liberal Democrats.
As advised, we have written to the organisation and requested a response within seven days. Should we not hear from them within this timescale then we will consider your complaint under the Data Protection Act 1998 (DPA).
Complaints to the Information Commissioner’s Office under the DPA
Under the DPA, those who collect and use personal information have to follow rules of good practice (called the data protection principles). The DPA also gives rights to individuals whose information has been processed.
Section 11 of the DPA provides that an individual has the right by written notice (including e-mail) to require a data controller (Southwark Liberal Democrats) to cease, or not to begin, processing personal data for the purpose of direct marketing. When a data controller receives such a notice he must comply as soon as he can. There are no exceptions to this.
You have already written to Southwark Liberal Democrats and asked them to cease processing your personal data. Copies of this correspondence has been supplied to us. In addition, we have written to the organisation on three separate occasions.
When eligible complaints are made to us we will make an assessment, which is our view about whether the rules of good practice for handling information have been followed. We do this by saying whether we think compliance with the DPA is likely or unlikely.
We provide advice and guidance to organisations about how to handle personal information and ask that they review their actions if we think that things may have gone wrong. Our main concern is to ensure that organisations deal with personal information properly in the future.
Assessments help us to decide whether we should take any further action against a particular organisation. If an organisation refuses to take their responsibilities under the DPA seriously then we may consider formal action to ensure they comply with the law.
We will contact you further once the seven day period has expired and update you as to our next course of action.
Yours sincerely,
Case Officer (First Contact Group)
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
T. 01625 545561 F. 01625 524510 www.ico.gov.uk
Please consider the environment before printing this email
____________________________________________________________________
The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
Can you guess how the SLD responded yet? Click HERE to confirm your suspicions.
11 June 2012
Case Reference Number XXXXXXX
Dear Mr XXXXX,
Thank you for your email.
I am sorry that you are disappointed with our response and understand your frustration at the continued receipt of marketing communications from Southwark Liberal Democrats.
As advised, we have written to the organisation and requested a response within seven days. Should we not hear from them within this timescale then we will consider your complaint under the Data Protection Act 1998 (DPA).
Complaints to the Information Commissioner’s Office under the DPA
Under the DPA, those who collect and use personal information have to follow rules of good practice (called the data protection principles). The DPA also gives rights to individuals whose information has been processed.
Section 11 of the DPA provides that an individual has the right by written notice (including e-mail) to require a data controller (Southwark Liberal Democrats) to cease, or not to begin, processing personal data for the purpose of direct marketing. When a data controller receives such a notice he must comply as soon as he can. There are no exceptions to this.
You have already written to Southwark Liberal Democrats and asked them to cease processing your personal data. Copies of this correspondence has been supplied to us. In addition, we have written to the organisation on three separate occasions.
When eligible complaints are made to us we will make an assessment, which is our view about whether the rules of good practice for handling information have been followed. We do this by saying whether we think compliance with the DPA is likely or unlikely.
We provide advice and guidance to organisations about how to handle personal information and ask that they review their actions if we think that things may have gone wrong. Our main concern is to ensure that organisations deal with personal information properly in the future.
Assessments help us to decide whether we should take any further action against a particular organisation. If an organisation refuses to take their responsibilities under the DPA seriously then we may consider formal action to ensure they comply with the law.
We will contact you further once the seven day period has expired and update you as to our next course of action.
Yours sincerely,
Case Officer (First Contact Group)
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
T. 01625 545561 F. 01625 524510 www.ico.gov.uk
Please consider the environment before printing this email
____________________________________________________________________
The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
Can you guess how the SLD responded yet? Click HERE to confirm your suspicions.
#15: Someone (me) is getting unhappy
I really wasn't satisfied by now and the massive amounts of copy and paste text in the emails was getting to me.
Dear Ms XXXXX,
I am very disappointed by this response as it is almost a complete copy of the previous email I received when the the SLD first ignored your letters. This is now the third complaint I have had to make against the SLD. They are clearly not heeding letters or phonecalls from your office.
Are there any additional steps I can now take?
Best wishes,
Aaron
To read the wholly original email response I received from the ICO this time, click HERE.
Dear Ms XXXXX,
I am very disappointed by this response as it is almost a complete copy of the previous email I received when the the SLD first ignored your letters. This is now the third complaint I have had to make against the SLD. They are clearly not heeding letters or phonecalls from your office.
Are there any additional steps I can now take?
Best wishes,
Aaron
To read the wholly original email response I received from the ICO this time, click HERE.
Subscribe to:
Posts (Atom)