Planet Telecom, a British PLC, obtained a licence which enabled
it to use and copy BT’s database of UK names, telephone numbers and
addresses. It used the database to run an on-line search engine
service. Planet Telecom faxed data correction forms to users.
Hundreds of complaints were made by people who had received the
unwanted marketing material from these companies.
The Commissioner, Elizabeth France, said:
"Planet Telecom and 192enquiries.com have
shown a flagrant disregard for the rules. Many people have told us
how irritated they have been by unsolicited marketing faxes and the
costs they are forced to incur through wasted fax paper and toner.
Some have told us of their frustration in receiving these
companies' faxes when important communications are due; others of
the disturbance caused by their faxes arriving in the middle of the
night."
The Enforcement Notice required these companies to comply fully
with the Telecommunications (Data Protection and Privacy)
Regulations of 1999 within 28 days. Where an Enforcement Notice is
in force those who fail to comply with it commit a criminal
offence, punishable by a fine.
The Telecommunications (Data Protection and Privacy) Regulations
of 1999 came into force on 1st March 2000. They impose special
rules for dealing with data in public telecommunications systems,
faxes, telephones and automated calling systems for unsolicited
marketing.
Under the rules, unsolicited marketing faxes must not be sent to
individual subscribers without their prior consent. Corporate
subscribers cannot opt-out of telephone sales but have the right to
opt out of unsolicited direct marketing faxes.
The Commissioner concluded:
"There are many companies who have worked
hard to make sure they comply with data protection law. It is
important to be clear that action will be taken by my Office,
against those who ignore its requirements. I am now looking at
enforcement reports relating to a number of other companies who
market by fax."
In March, the Office of Fair Trading obtained a High Court order
to block misleading advertising by the companies and two of their
directors. It followed complaints that the companies implied that
they were connected with BT and invited faxed replies to a premium
rate number connecting to a fax machine set to the slowest possible
speed. BT also won a court order in March, requiring the companies
to dissociate themselves from BT.
