Hundreds of complaints were received by the Commissioner,
Elizabeth France, from people who received this unwanted marketing
material. Ms. France said:
"These companies have shown a blatant disregard for the new
rules. Many complainants have told us how irritated they have been
by receipt of unsolicited marketing faxes. Some have told us that
they have failed to receive important communications; others that
they have been disturbed; many tell us of the cost in terms of
paper and printer ink."
The enforcement notices require the companies to comply fully
with the Regulations within 30 days - there is a right of appeal to
the Data Protection Tribunal.
The Telecommunications (Data Protection and Privacy) Regulations
1999 came into force on 1 March 2000. They impose special rules for
dealing with data in public telecommunications systems, faxes,
telephones, and automated calling systems for unsolicited
marketing.
Unsolicited marketing faxes must not be sent to individual
subscribers without their prior consent.
Individual subscribers have a statutory right to opt-out of
unsolicited telephone marketing either by telling the caller or by
registering on a central stop list (telephone 0845 070 0707).
Corporate subscribers cannot opt-out of telephone sales but have
the right to opt-out of unsolicited marketing faxes (telephone 0845
070 0702). Automated calling systems must have the prior consent of
both corporate and individual subscribers.
The Commissioner concluded: "While it is too soon to name other
companies, I am looking at a number of other possible enforcement
actions."
