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
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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
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