----------------------------------------------------------------

The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material.  Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited.  If you received
this in error, please contact the sender and delete the material from any
computer.

The information contained in this correspondence is not intended as legal
advice or counsel, and is not represented as such by the sender.  iCompli
Ltd. makes no warranties or statements regarding the legal acceptability of
the information presented in this correspondence.  Any actions performed as
a result of this information are of the recipient's own choosing.

----------------------------------------------------------------------------
-------------------

 

 

Louise,

 

Suggested wording for the Sky dish repairers.

 

---------------------

 

Dear [NAME]

 

Your company is in breach of United Kingdom legislation and may be liable to
fines and/or data use sanctions imposed by the UK Regulator i.e. The Office
of the Information Commissioner.

 

In particular you are in breach of Regulation 21-(1) (a) of the The Privacy
and Electronic Communications (EC Directive) Regulations 2003, which states
that:

 

"A person [THAT IS YOUR COMPANY SIR] shall neither use, nor instigate the
use of, a public electronic communications service for the purposes of
making unsolicited calls for direct marketing purposes where- (a) the called
line is that of a subscriber who has previously notified the caller that
such calls should not for the time being be made on that line.

 

As the subscriber I have notified you on several previous occasions that I
do not wish to receive your direct marketing calls, since when a reasonable
period of time has elapsed for you to amend your records accordingly.

 

By virtue of the fact your company, or agent acting under your instruction,
is leaving voicemail on an individual subscriber's telephone equipment, you
may also be in breach of Regulation 22-(2) of the The Privacy and Electronic
Communications (EC Directive) Regulations 2003, which states that:

"Except in the circumstances referred to in paragraph (3), a person shall
neither transmit, nor instigate the transmission of, unsolicited
communications for the purposes of direct marketing by means of electronic
mail unless the recipient of the electronic mail has previously notified the
sender that he consents for the time being to such communications being sent
by, or at the instigation of, the sender."

I consider this a serious breach of my individual rights, and believe that
your company has done little to demonstrate that it processes personal data
in accordance with my privacy rights.  This would represent a breach of
Principle 6 of the UK Data Protection Act 1998, and as an individual I may
be entitled to claim unlimited compensation for any damages or distress
suffered.

 

You may also consider this correspondence as written notification that I do
not wish your company to use my personal data for the purpose of direct
marketing.  As you seem to have little regard or perhaps understanding of
the legislation in the UK, this is a legal right under section 11 of the
Data Protection Act 1998. 

 

I have now passed on the details of your actions to the UK Regulator who
will provide me with a case reference number.  I will inform you on receipt
of this number.

 

 

Faithfully,

 

[YOUR NAME]

 

CC. The Office of the Information Commissioner.

 

--------------------------

 

That ought to do it.

 

 

 

Regards,

 

Duncan Smith

 

Managing Director

iCompli Limited   Northampton  UK

t: 08707 70 48 66  f: 08707 70 48 69  m: 07775 56 81 80

Mailto:[log in to unmask]   Web: www.icompli.co.uk
<http://www.icompli.co.uk/>   Ecademy: See me!
<http://www.ecademy.com/account.php?id=34586> 

"Compliance in your language"

 

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
  (all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^