Saturday 1 September 2012

#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.

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