#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