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.
#14: Yet another ICO response
Boy, oh boy it gets repetative doesn't it... you'd think the government almost didn't want people to complain about companies and organisations...
8 June 2012
Case Reference Number XXXXXXX
Dear Mr XXXXXXX,
Thank you for your further correspondence about unsolicited direct marketing emails you continue to receive from Southwark Liberal Democrats.
What we do
As you are aware the Information Commissioner’s Office regulates the Privacy and Electronic Communications Regulations 2003 (PECR).
Direct marketing emails
Regulation 22 of the PECR says that unsolicited direct marketing emails cannot be sent to individual subscribers (including sole traders and non-limited liability partnerships) without prior consent.
There is a very limited exception to this rule where an organisation can satisfy all of the following criteria:
the organisation has collected the individual’s email address whilst selling/negotiating to sell something to the individual; and
the organisation only sends marketing emails for its own goods or services similar to those originally sold; and
the individual was able to opt out (free of charge) from receiving marketing in the original transaction, and in each subsequent marketing email.
Next steps
Although your complaint concerns further marketing you are receiving from Southwark Liberal Democrats this will be treated as a new complaint. This is to enable us to identify those organisations who continue to send marketing after we have previously contacted them.
As a result you will note that your case reference number has changed. Please quote this number in any future correspondence.
We previously advised you that we had telephoned Southwark Liberal Democrats who confirmed that they had suppressed your details from their marketing lists. On the basis that you have received additional marketing communications we have issued a further letter to the organisation about the email you have recently received, and requested a response within the next 7 days.
We appreciate that the continued receipt of these emails must be frustrating and will continue to monitor the organisation’s compliance with the PECR. We may consider the organisation’s actions further should we receive additional complaints about them.
We do not now anticipate needing to write to you again about this matter, however should you receive any subsequent marketing communications from Southwark Liberal Democrats then please do not hesitate to contact us.
Thank you for bringing this matter to our attention.
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
To read my response, Click HERE.
8 June 2012
Case Reference Number XXXXXXX
Dear Mr XXXXXXX,
Thank you for your further correspondence about unsolicited direct marketing emails you continue to receive from Southwark Liberal Democrats.
What we do
As you are aware the Information Commissioner’s Office regulates the Privacy and Electronic Communications Regulations 2003 (PECR).
Direct marketing emails
Regulation 22 of the PECR says that unsolicited direct marketing emails cannot be sent to individual subscribers (including sole traders and non-limited liability partnerships) without prior consent.
There is a very limited exception to this rule where an organisation can satisfy all of the following criteria:
the organisation has collected the individual’s email address whilst selling/negotiating to sell something to the individual; and
the organisation only sends marketing emails for its own goods or services similar to those originally sold; and
the individual was able to opt out (free of charge) from receiving marketing in the original transaction, and in each subsequent marketing email.
Next steps
Although your complaint concerns further marketing you are receiving from Southwark Liberal Democrats this will be treated as a new complaint. This is to enable us to identify those organisations who continue to send marketing after we have previously contacted them.
As a result you will note that your case reference number has changed. Please quote this number in any future correspondence.
We previously advised you that we had telephoned Southwark Liberal Democrats who confirmed that they had suppressed your details from their marketing lists. On the basis that you have received additional marketing communications we have issued a further letter to the organisation about the email you have recently received, and requested a response within the next 7 days.
We appreciate that the continued receipt of these emails must be frustrating and will continue to monitor the organisation’s compliance with the PECR. We may consider the organisation’s actions further should we receive additional complaints about them.
We do not now anticipate needing to write to you again about this matter, however should you receive any subsequent marketing communications from Southwark Liberal Democrats then please do not hesitate to contact us.
Thank you for bringing this matter to our attention.
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
To read my response, Click HERE.
#13: Who you gonna call...?
SLD send another email:
They still aren't listening.
So I send another email too:
Dear Ms XXXXX,
I regret that the Southwark Liberal Democrats have done it again. I really do not like the feeling that they will not stop, especially after the aggressive phonecalls I have had in the past.
Is there anymore I can do, or that can be done, to ensure these message and contact from this organisation stops?
I enclose an image of yet another email they have sent me
Many thanks,
Aaron
How do the ICO respond now? Click HERE to find out.
They still aren't listening.
So I send another email too:
Dear Ms XXXXX,
I regret that the Southwark Liberal Democrats have done it again. I really do not like the feeling that they will not stop, especially after the aggressive phonecalls I have had in the past.
Is there anymore I can do, or that can be done, to ensure these message and contact from this organisation stops?
I enclose an image of yet another email they have sent me
Many thanks,
Aaron
How do the ICO respond now? Click HERE to find out.
#12: Another ICO response
2 May 2012
Case Reference Number XXXXXXX
Dear Mr XXXXXXX,
Thank you for your further correspondence about the unsolicited direct marketing emails you continue to receive from Southwark Liberal Democrats.
What we do
As you are aware the Information Commissioner’s Office regulates the Privacy and Electronic Communications Regulations 2003 (PECR).
Direct marketing emails
Regulation 22 of the PECR says that unsolicited direct marketing emails cannot be sent to individual subscribers (including sole traders and non-limited liability partnerships) without prior consent.
There is a very limited exception to this rule where an organisation can satisfy all of the following criteria:
the organisation has collected the individual’s email address whilst selling/negotiating to sell something to the individual; and
the organisation only sends marketing emails for its own goods or services similar to those originally sold; and
the individual was able to opt out (free of charge) from receiving marketing in the original transaction, and in each subsequent marketing email.
Next steps
Although your complaint concerns further marketing you are receiving from Southwark Liberal Democrats this will be treated as a new complaint. This is to enable us to identify those organisations who continue to send marketing after we have previously contacted them.
As a result you may notice that your case reference number has changed. Please quote this number in any future correspondence.
In the absence of a response to our initial letter to Southwark Liberal Democrats we have today telephoned the organisation who confirmed that they have now suppressed your details from their marketing lists. On the basis that you have received additional marketing communications we have issued a further letter to the organisation about the emails you have recently received.
We will continue to monitor the organisation’s compliance with the PECR. We may consider the organisation’s actions further should we receive additional complaints about them.
We do not now anticipate needing to write to you again about this matter.
Thank you for bringing this matter to our attention.
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.
If you are not the intended recipient of this email (and any attachment), please inform the sender by return email and destroy all copies. Unauthorised access, use, disclosure, storage or copying is not permitted.
Communication by internet email is not secure as messages can be intercepted and read by someone else. Therefore we strongly advise you not to email any information, which if disclosed to unrelated third parties would be likely to cause you distress. If you have an enquiry of this nature please provide a postal address to allow us to communicate with you in a more secure way. If you want us to respond by email you must realise that there can be no guarantee of privacy.
Any email including its content may be monitored and used by the Information Commissioner's Office for reasons of security and for monitoring internal compliance with the office policy on staff use. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you write or forward is within the bounds of the law.
The Information Commissioner's Office cannot guarantee that this message or any attachment is virus free or has not been intercepted and amended. You should perform your own virus checks.
__________________________________________________________________
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk
So after a telephone call how will the SLDs respond? Click HERE to find out
#11: In the interim
Oh dear the Lib Dems "education" did not seem to work a jot:
An email from Brian Piddick asking me to vote for him for Mayor, to my gmail account.... oh Rhys why have you forsaken me now!:
And one more to my hotmail... same old, same old:
So I wrote back to the ICO:
Click HERE for the response.
An email from Brian Piddick asking me to vote for him for Mayor, to my gmail account.... oh Rhys why have you forsaken me now!:
And one more to my hotmail... same old, same old:
So I wrote back to the ICO:
Dear Ms XXXXX,
Case Reference Number XXXXXXX
Further to this case and your letter to the Southwark Liberal Democrats I have received two more marketing/campaigning emails to email addresses that should have been removed from their mailing lists including the persistent emails to my hotmail account.
I include screen grabs of the email to my gmail address, that I thought had been removed from their databases over a year ago following a phonecall with a man in their office named Rhys, and a screen grab both of the recurring marketing email in my inbox and the content thereof.
I would greatly appreciate this matter being reinvestigated as the contact feels ever more intrusive and I feel that I cannot reasonably discuss this with them myself any longer.
Best wishes,
Aaron
Click HERE for the response.
#10: ICO responds
27 March 2012
Case Reference Number ELE0438163
Dear Mr XXXXXX,
Thank you for your correspondence about Southwark Liberal Democrats and the difficulties you have had in unsubscribing from their emails.
What we do
The Information Commissioner’s Office regulates the Privacy and Electronic Communications Regulations 2003 (PECR). The PECR are concerned with the way organisations send marketing material by fax, text, email and telephone. Marketing can include the promotion of goods, services, aims or ideals.
Direct marketing emails
Regulation 22 of the PECR says that unsolicited direct marketing emails cannot be sent to individual subscribers (including sole traders and non-limited liability partnerships) without prior consent.
There is a very limited exception to this rule where an organisation can satisfy all of the following criteria:
the organisation has collected the individual’s email address whilst selling/negotiating to sell something to the individual; and
the organisation only sends marketing emails for its own goods or services similar to those originally sold; and
the individual was able to opt out (free of charge) from receiving marketing in the original transaction, and in each subsequent marketing email.
Regulation 23 says that senders must not conceal their identity when sending marketing emails to any subscribers and must provide a valid marketing opt out address.
In most cases our approach to complaints is to educate organisations to help them understand what the PECR require. We will also advise them to take any steps necessary to comply with the PECR in future.
Next steps
I have now written to Southwark Liberal Democrats to inform them of their obligations under the PECR and to ask them to suppress your email address from their databases. This suppression should not take any longer than 28 days and should ensure that they do not email you again.
If you receive any further marketing emails from the same organisation after 28 days have elapsed then please write to us, quoting the reference number above and forwarding a copy of the relevant marketing email.
Although we are not taking further action at this time we will keep a record of your complaint. The information we gather from these complaints may assist us with enforcement action in the future.
Thank you for bringing this matter to our attention.
Yours sincerely,
Case Officer (First Contact Group)
To find out how the SLDs reacted to such a communication, read on by clicking HERE
Case Reference Number ELE0438163
Dear Mr XXXXXX,
Thank you for your correspondence about Southwark Liberal Democrats and the difficulties you have had in unsubscribing from their emails.
What we do
The Information Commissioner’s Office regulates the Privacy and Electronic Communications Regulations 2003 (PECR). The PECR are concerned with the way organisations send marketing material by fax, text, email and telephone. Marketing can include the promotion of goods, services, aims or ideals.
Direct marketing emails
Regulation 22 of the PECR says that unsolicited direct marketing emails cannot be sent to individual subscribers (including sole traders and non-limited liability partnerships) without prior consent.
There is a very limited exception to this rule where an organisation can satisfy all of the following criteria:
the organisation has collected the individual’s email address whilst selling/negotiating to sell something to the individual; and
the organisation only sends marketing emails for its own goods or services similar to those originally sold; and
the individual was able to opt out (free of charge) from receiving marketing in the original transaction, and in each subsequent marketing email.
Regulation 23 says that senders must not conceal their identity when sending marketing emails to any subscribers and must provide a valid marketing opt out address.
In most cases our approach to complaints is to educate organisations to help them understand what the PECR require. We will also advise them to take any steps necessary to comply with the PECR in future.
Next steps
I have now written to Southwark Liberal Democrats to inform them of their obligations under the PECR and to ask them to suppress your email address from their databases. This suppression should not take any longer than 28 days and should ensure that they do not email you again.
If you receive any further marketing emails from the same organisation after 28 days have elapsed then please write to us, quoting the reference number above and forwarding a copy of the relevant marketing email.
Although we are not taking further action at this time we will keep a record of your complaint. The information we gather from these complaints may assist us with enforcement action in the future.
Thank you for bringing this matter to our attention.
Yours sincerely,
Case Officer (First Contact Group)
To find out how the SLDs reacted to such a communication, read on by clicking HERE
#9: Information Commisioner's Office
Thankfully we live in a democracy and there are steps that can be taken when organisations behave illegally and send unsolicited emails after they have been requested to stop.
So I contacted the ICO.
I filled in their form.
They ask for contact details, any previous contact with the ICO (none) and if anyone else is authorised to discuss the complaint with them, then:
Then they ask for supporting documents, all of which I have put in the earlier blog posts.
Then you send it off to them. Which I did March 1st 2012.
Aaaaaaaaaaaah, finally someone will deal with it and they will have to listen.
To read their response, click HERE
So I contacted the ICO.
I filled in their form.
They ask for contact details, any previous contact with the ICO (none) and if anyone else is authorised to discuss the complaint with them, then:
4. Who do
you want to complain about? (Usually an organisation.)
Name:
Address:
Postcode:
Telephone:
Email:
Website:
www.southwark-libdems.org.uk
5. Your
relationship with the organisation
Ex-Member
6. Details
of the problem
Everytime this organisation has contacted me since June last year I have asked them to delete my information.
I have attempted to unsubscribe from their online mailing list several times and indeed when I last attempted this is said that my email was not known to the organisation.
I called their office and Rhys Williams assured me that my name had been taken off their database, that he had done it by hand and that I would no longer receive calls or emails.
Nevertheless, despite emails stopping to one of my addresses they continued to another. I continue to receive phone calls, which, when I express my disappointment and exasperation, become fairly aggressive.
I have additionally contacted Simon Hughes office directly as he is the senior member of this organisation and since then have heard nothing, yet continue to receive monthly updates to my email.
I feel I have nowhere else to turn especially as my threatening to contact the ICO has not stopped this communication.
7. When did
you first become aware of the problem?
Around June 2011 it became a problem and has escalated since then.
Then they ask for supporting documents, all of which I have put in the earlier blog posts.
Then you send it off to them. Which I did March 1st 2012.
Aaaaaaaaaaaah, finally someone will deal with it and they will have to listen.
To read their response, click HERE
#8: Simon's Response
"I'll be in contact soon."
Of course it was only an auto-response. MPs can only respond to their own constituents. Would that they could only email their own constituents too. Did I mention that my email to Simon Hughes was in direct response to an email he (his office) has sent to me?
Hypocrites much?
What should else should we expect?
This email was sent 3 February 2012.... I am still waiting for a reply.
To read about the next steps, click HERE
#7: Dear Simon Hughes...
My email directly to Simon Hughes (office)
Dear Mr Hughes,
Growing up I had been a life long supporter of the Liberal Democrats. I posed for photographs with my local candidate Dr XXXX in XXXXX several times for campaign leaflets that I duly walked the streets to deliver.
Therefore, in the run up to the most recent General Election, despite my enduring doubts about Nick Clegg, I signed up to become a full member of the Liberal Democrats. I knocked on the doors of my neighbours canvassing for local councillors and spent an evening in a office on the Walworth Road calling strangers on your behalf.
I did this because I truly believed that the Liberal Democrats were a party that I could believe in and who stood for the same things that I did.
For these efforts I was rewarded with the Coalition with David Cameron's Conservative Party. In that decision you lost me as a voter, supporter and member. I will certainly never vote Lib Dem again in my life. Unfortunately you squandered your trust and the policies and stance of this goverment have time and time again proven my instictive disgust to be on the nose.
So please understand that when I have frequently contacted the Southwark Liberal Democrat offices requesting to no longer be contacted by anyone connected with this yellow party, I truly and sincerely mean it.
When I unsubscribed from these mailings it was a genuine request to not have the salt rubbed into this would again and again.
Furthermore it is my legal right not to be hassled by your members to my telephone and private email accounts.
Yet, now, when I try to unsubscribe again, I am taken to this page:
http://southwark-libdems.org.uk/en/user/permissions/19192/21c9e62763541fe3e1653ac9b18f64fc5405efcf
The page clearly states I will not recieve emails from you. Yet, they keep coming, like the one below.
In addition, last Friday I had a very distasteful phonecall from your offices and when I told the gentleman that I had already made it perfectly clear that I wanted no further contact from your organisation he got particularly rude and aggressive with me, and I regret that I, in turn, lost my temper. However, I will not be spoken to rudely by people who are contacting me illegally.
Had I not had a reasonable conversation with Rhys/Reece in your offices the last time complained I would be sending my Data Protection complaint directly to the Information Commisioner's Office today. I have the form filled in and ready to send should I recieve any further unsolicted contact. I implore you to use your position to have my details removed from your office once and for all.
I regret any affiliation I ever had with your organisation and do not need these constant reminders.
I re-iterate this will be my final direct communication with Southwark Liberal Democrats on this matter.
Aaron
Maybe I sound cross and frustrated?
The Original
To read Simon's response, click HERE
#6: Call me maybe, call me maybe not
Can you guess if the emails stopped?
Of course they didn't. Worse. They started calling me.
Worse. They started calling me and when I told them that they shouldn't be contacting me they would get aggressive with me and start shouting at me down the phone.
I checked my status on their website:
All I needed was a box that I could tick to stop them calling AND shouting at me.
I decided that perhaps I needed to go up the ladder. Surely Simon Hughes MP could not approve of such behaviour... surely?
To read my letter to the "honourable" Simon Hughes, click HERE
Of course they didn't. Worse. They started calling me.
Worse. They started calling me and when I told them that they shouldn't be contacting me they would get aggressive with me and start shouting at me down the phone.
I checked my status on their website:
"We will not email you"
"We will not call you"
All I needed was a box that I could tick to stop them calling AND shouting at me.
I decided that perhaps I needed to go up the ladder. Surely Simon Hughes MP could not approve of such behaviour... surely?
To read my letter to the "honourable" Simon Hughes, click HERE
#5: Rhys Williams
On the 16th December 2011 I contacted Rhys by telephone.
It was not his best Christmas present that year. I fear my phone call may have been like a laxative. He knew that they shouldn't be emailing me. He knew that I had followed all the procedures in the Data Protection Act to no longer be stalked by them. He was also a very nice and pleasant young (sounding) gentleman who assured me I would certainly never hear from the SLD again.
Now, here I have to admit some guilt of my own (yes more even than joining the stupid party in the first place) but I may NOT have discussed by hotmail account with Rhys. I may have but I also may not have. So I gave him the benefit of the doubt and when I next received a message from the SLD to my hotmail account I replied letting them know that I had spoken to Rhys and he had promised me it would all stop.
I mentioned, as I had to Rhys, that I did not want to contact the Information Commissioners Office but that I would if the messages continued.
Aaaaaah, I thought, 2012 will be Lib Dem Free. Hurrah.
Click HERE to find out what 2012 really brought
Please note that every single time I contacted SLD by email I used their standard email address: info@southwark-libdems.org.uk which is the email address they had listed on their website. I did not use NO REPLY email addresses. So I conclude that someone was reading them but not one person ever replied to any of them.
It was not his best Christmas present that year. I fear my phone call may have been like a laxative. He knew that they shouldn't be emailing me. He knew that I had followed all the procedures in the Data Protection Act to no longer be stalked by them. He was also a very nice and pleasant young (sounding) gentleman who assured me I would certainly never hear from the SLD again.
Now, here I have to admit some guilt of my own (yes more even than joining the stupid party in the first place) but I may NOT have discussed by hotmail account with Rhys. I may have but I also may not have. So I gave him the benefit of the doubt and when I next received a message from the SLD to my hotmail account I replied letting them know that I had spoken to Rhys and he had promised me it would all stop.
I mentioned, as I had to Rhys, that I did not want to contact the Information Commissioners Office but that I would if the messages continued.
Aaaaaah, I thought, 2012 will be Lib Dem Free. Hurrah.
Click HERE to find out what 2012 really brought
Please note that every single time I contacted SLD by email I used their standard email address: info@southwark-libdems.org.uk which is the email address they had listed on their website. I did not use NO REPLY email addresses. So I conclude that someone was reading them but not one person ever replied to any of them.
#4: Crackers!
Alas the messages just kept on coming. So I kept on unsubscribing, and the emails kept coming so I kept on unsubscribing...
Those SLDs just cannot take a hint, or maybe they just thought they could tempt me back with invites to their Christmas Carol and Crackers Concert:
Sadly I had to disappoint them and responded asking them to Unsubscribe Me and not contact me again.
They didn't seem to get the message and a week later invited me in to their office to do some unpaid clerical work for them:
But I was far too busy unsubscribing from their emails to waste my time not getting paid to assist in the precious work of trying to destroy the NHS and charge students outrageous tuition fees, things that by voting for them I thought I was voting AGAINST. Sorry SLD no free labour this time!!
I decided a more direct approach was needed and contacted the man who sent me the invite to the Christmas Carol Concert, Rhys Williams.
To read about my conversation with Rhys, click HERE
Those SLDs just cannot take a hint, or maybe they just thought they could tempt me back with invites to their Christmas Carol and Crackers Concert:
Sadly I had to disappoint them and responded asking them to Unsubscribe Me and not contact me again.
They didn't seem to get the message and a week later invited me in to their office to do some unpaid clerical work for them:
But I was far too busy unsubscribing from their emails to waste my time not getting paid to assist in the precious work of trying to destroy the NHS and charge students outrageous tuition fees, things that by voting for them I thought I was voting AGAINST. Sorry SLD no free labour this time!!
I decided a more direct approach was needed and contacted the man who sent me the invite to the Christmas Carol Concert, Rhys Williams.
To read about my conversation with Rhys, click HERE
#3: UNSUBSCRIBE II
After unsubscringing my gmail account I noted that those SLD bandits had got hold of my hotmail account too... those double cross posting - why I oughta...!!
So I unsubscribed that address too:
Aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaah!
Finally, it was over.......
Click HERE to find out if it really was over.
So I unsubscribed that address too:
Aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaah!
Finally, it was over.......
Click HERE to find out if it really was over.
#2: UNSUBSCRIBE
After I sent all my membership details back and let it be known that I no longer had any interest in the party whatsoever I continued to get emails from Southwark Liberal Democrats (SLD).
If anyone has ever lived in an area where LDs think they might have a chance of success they will know how persistent they can be. Nay, relentless. In fact about ten years ago I had to contact them to let them know that the amount of mailings I was receiving was enough to put me off voting for them and I was already a supporter.
Well you can imagine then how SLD have grasped the digital age where you can contact everyone who may have ever liked you whenever you want and bombard them with mailings. I decided that as I was no longer a member and I had no respect for them, my mail box was mine to tend, and I would unsubscribe from their mailings.
Aaaaaaaaah, I breathed a sigh of relief.
Click HERE for the next instalment
If anyone has ever lived in an area where LDs think they might have a chance of success they will know how persistent they can be. Nay, relentless. In fact about ten years ago I had to contact them to let them know that the amount of mailings I was receiving was enough to put me off voting for them and I was already a supporter.
Well you can imagine then how SLD have grasped the digital age where you can contact everyone who may have ever liked you whenever you want and bombard them with mailings. I decided that as I was no longer a member and I had no respect for them, my mail box was mine to tend, and I would unsubscribe from their mailings.
I used this invitation to UNSUBSCRIBE.
Aaaaaaaaah, I breathed a sigh of relief.
Click HERE for the next instalment
#1: In the beginning...
In the beginning I was a supporter of the Liberal Democrats BUT I just never really liked Nick Clegg enough to take it far enough to sign up but then, didn't he do well in that first Election debate leading up to the 2010 Election debacle? So I decided to join up.
I was a supporter of their slightly left of centre views and encouragingly liberal social values.
As we know, after the results came through, they formed a coalition with The Party That Shall Not Be Named.
So let down did I feel that I decided I would resign my membership.
This is the story of how the Lib Dems will now not let me go in peace.
Click HERE for next page
I was a supporter of their slightly left of centre views and encouragingly liberal social values.
As we know, after the results came through, they formed a coalition with The Party That Shall Not Be Named.
So let down did I feel that I decided I would resign my membership.
This is the story of how the Lib Dems will now not let me go in peace.
Click HERE for next page
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