Client Testimonials
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Data Protection Legislation
The Privacy and Electronic Communications (EC Directive) Regulations 2003 (the "Privacy Regs") regulate the use of personal data by electronic means (in particular by communications service providers such as telecoms companies) and where personal data is used for direct marketing to individuals.
The Privacy Regs use some similar terminology to that used in the Data Protection Act, for example, "personal data" and "data subject". But other concepts are introduced, such as "opt-in" (where the individual actively consents to receiving marketing information) and "opt-out" (where the individual will receive marketing information unless they say they don't want it). There are also provisions regarding the central registers for telephone and fax opt-out (e.g., "Telephone Preference Service").
The law is too detailed to include in full on this page but some examples of the restrictions are:
- All mobile phone service providers must take appropriate technical and organisational measures to safeguard the security of the service. This may be done in conjunction with the network provider.
- With some exceptions, all traffic data that contains personal data must either be erased or anonymised as soon as it is no longer needed. This rule does not apply to the processing and storage of traffic data for the purpose of marketing to a data subject if they have consented to such processing or storage (which must be an informed consent).
- Storage of data shall not be for longer than is necessary, and processing is permitted only for limited purposes, such as the management of billing or traffic, customer enquiries, the prevention or detection of fraud, the marketing of electronic communications services or the provision of a value added service.
- Location data can only be processed under certain restricted circumstances, where such processing is necessary for the provision of an additional service and where the subscriber has given their consent.
- Marketing can only be carried out by e-mail and SMS text, mobile picture and video messages and voicemail or answerphone messages left on mobile telephones in respect of data subjects where "opt-in" consent has been obtained. The sender's details must be disclosed.
- There is an exception to the "opt-in" requirement for e-mail (known as the "soft opt-in") which provides that direct marketing e-mails can be sent where all three of the following conditions are met:
- the sender has obtained contact details in the course of the sale or negotiations for the sale of a product or service to a person;
- the e-mail is being sent in respect of "similar products or services only", i.e., those about which the customer would reasonably expect to receive information.
- the recipient was given a simple means, without charge, of opting out of the direct marketing when his or her contact details were collected (and did not do so).