Now we are getting bogged down.
Apparently the UKIC has insufficient powers to be able to handle this
effectively. He wanted the ability to injunct against people who were
repeated abusers, and parliament would not give them to him. I am still
adding fuel to the UKIC complaint. They have at least got as far as telling
me the name of the company who created the UCE. "New Media Sports, a UK
based company. It seems that they have no need to notify since they are not
associating my phone number with any personal data. And, of course, a phone
number is not personal data.
But wait! If my email address identifies me absolutely, surely my mobile
phone (individual subscriber) identifies me (with additional information in
a similar manner to a photograph).
I have suggested to the UKIC that the spammer may have culled my NAME and
PHONE NUMBER from the public domain, and hence MAY be storing and processing
personal data. It seems to me that it is up to the spammer to prove
otherwise.
What is actually happening is that the UKIC is proving that either his
deductions about how his powers may be used is incorrect or that his powers
are inadequate. In either case the public has fewer rights that was
previously thought, though this is just my opinion.
I am BCCing my MP in order that he may see the "trail thus far" of a
complaint handled by the UKIC. I won’t be burdening him with a copy of
everything, but he is interested in making the UKIC's complaints handling
area more rigorous
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: Thursday, February 05, 2004 1:37 PM
To: 'Tim Trent'
Subject: RE: [data-protection] Complaining to the IC and ASA - A Case Study
Now where did I get to?
Yesterday I received a pointless note from the UKIC (or was it the day
beforehand) that they were "asking the sender not to be a naughty boy again"
or some such banal wording. I have responded to the UKIC, and can, as I
said, send anyone who emails me off list a scanned image of the letter. My
MP is pursuing this further.
Today I got a message by email from the ASA asking for a copy of the
message! Yes, boys and girls, it took THIS LONG for them to ask me for it.
Wisely I had preserved it. Oddly they also need my mobile number and
service provider. They are encouraging me to TPS register the phone. So I
have. Only I thought I had already, but one forgets
The ASA has now cost me 12p to complain vs a letter stamp and envelope to
the UKIC.
Still not heard from ICSTIS.
Oh the UKIC say that have been able to contact the perpetrator. ASA say
they have not heard back. Neither has (yet) told me who the perp is.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
<mailto:[log in to unmask]>
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP http://www.marketingimprovement.com
<http://www.marketingimprovement.com>
This message is for the intended addressee's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mis-transmission. If
you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. Any views expressed in this message are those of the individual
sender, except where the message states otherwise and the sender is
authorised to state them to be the views of any such entity.
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: Tuesday, January 13, 2004 11:17 AM
To: [log in to unmask]
Subject: RE: [data-protection] Complaining to the IC and ASA - A Case Study
I also contacted ICSTIS. I have no idea whether the SMS was lying about 10p
for the call, so ICSTIS has the complaint.
OK, summary of time taken so far:
ASA: 2 minutes (should have been less, but I sneezed!)
IC: 45 Minutes, PLUS a stamp or pay to fax
ICSTIS: 1 minute
This does not seem to be designed to encourage complaints to the IC so far!
While on that topic I have also written to my MP, enclosing this trail
suggesting that he might wish to ask the UKIC to sharpen up his team's act
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Tuesday, January 13, 2004 10:49 AM
To: [log in to unmask]
Subject: Re: [data-protection] Complaining to the IC and ASA - A Case Study
Got half way through the IC's form when I had an email from an old friend
saying "You are probably filling out the wrong form!"
And they were right!
So, another tree into the "in" slot in the printer and more printed stuff in
the out tray! This is getting like the Diary of Adrian Mole!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Tuesday, January 13, 2004 8:55 AM
To: [log in to unmask]
Subject: Re: [data-protection] Complaining to the IC and ASA - A Case Study
This is not easy. I have the pdf file of the IC's form. It insists (or
seems to) that I contact the Data Controller. Well, I have no idea who that
is and no way of doing it without phoning the number, and there is no way I
am about to do that! I will be speaking to ICSTIS as well, I think, though.
I tried to edit the pdf file because my handwriting is, well, "poor". So I
asked Acrobat (I have a full version) to convert to rtf. Well, the rtf file
is appalling, so I am faced with filling out a form to fax to the IC in pen.
And they are faced with having to read it.
Interestingly, I am now getting angry. The spammer should be easy to
report. And, by making it difficult to do so, the IC has started to tar his
office with the spammer's brush IMHO. Actually IMNSHO (I am, after all,
beginning to get angry, and I am sampling this service as a normal member of
the public)!
This means that I will be filling out their form "angry", which is not the
best way to fill out any form. But "grrrrrrrrrrrrrrrr!" anyway.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Tuesday, January 13, 2004 8:26 AM
To: [log in to unmask]
Subject: [data-protection] Complaining to the IC and ASA - A Case Study
I have at last the opportunity to complain to the ASA and to the IC
regarding UCE under 2002/58/EC.
I received the following message yesterday on my batphone (I am an
individual subscriber on my batphone), and have NEVER opted in to receive
any text messages from any service, nor do I have even the smallest prior
relationship to allow "soft opt in".
"You are a winner you have been specially selected to receive £1000 cash or
a £2000 award. Speak to a live operator to claim call 08714712377 9am-7pm.
Cost 10p."
I have already lodged the complaint on the ASA's website. That was the easy
part.
I am about to go through the same process on the IC's site to get the
(presumably) 5 page form to complain.
Vodafone (I am a voda customer) have an awesome process for stopping spam
SMS, and I will be working with them as well, but I am very interested in
the IC and ASA elements
I will keep you all posted with the process
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP <http://www.marketingimprovement.com/>
http://www.marketingimprovement.com
This message is for the intended addressee's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mis-transmission. If
you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. Any views expressed in this message are those of the individual
sender, except where the message states otherwise and the sender is
authorised to state them to be the views of any such entity.
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