Is an SMS text message (advertising) to a mobile phone when you cannot
positively identify the user, subject to the TPS rules given it does not
appear to be personal data? If you cannot know the user then you cannot
personalise any such message only advertise. e.g. can the phone user please
ring this number.
If I know who I delivered the phone to and assume them to be the user (they
may give phone to another family member) does this make this 'marketing to a
particular individual'?
Given 'No unsolicited calls to lines of subscribers' in Telecoms Data
Protection and Privacy Regs (section 25)
Is an SMS text message defined as a call?
Is there a subscriber that I know the identity of (assume pay as you go
phones)?
Can the company selling my company the phones provide me with all the
associated telephone numbers associated with that batch of phones if they
have also provided me with a fufilment service e.g. captured a name and
address from applicants to enable them to despatch as a contract service
condition regards the sale of the phones to my company.
The objective is to only have a telephone number without knowing a specific
user, thereby leaving the initial advertising outside of DPA. Can the model
be legally constructed and if so does TPS have to be used if you do not know
who specifically is using the phone.
Any views appreciated
David Wyatt
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