I have received in my mail on Friday a reply from TICO to a complaint made a
while ago where I asked them to look at more than one company who had sent
UCE to my batphone. The reply is illuminating and below. I OCRed it in and
edited the name of the corporation to allow anonymity.
At first it looks very much as though they may actually be getting close to
nearly considering potentially enforcing the law. Of course a closer
inspection shows that we are obviously still in the education phase of a law
that came fully into force as the DPA 1998. Pedants among us will point me
at 11 December 2003. I argue that the entire law should be being enforced,
and that 11 December 2003 was merely a small addition piece of legislation.
Had the enforcement job been being done properly then 11 December 2003 would
just have been a "and now add this bit" day.
I come back to my oft repeated statement that the law should be enforced or
repealed.
I don't suppose the organisation who received the gentle slap on the wrists
is particularly terrified of enforcement after this.
BEGINS:
Dear Mr Trent
I refer to your recent complaint about the unsolicited marketing text
message you received from [organisation name altered] in breach of the
Privacy and Electronic Communications (EC Directive) Regulations 2003.
We have been in correspondence with [organisation name altered] about this
marketing campaign and they have conducted an internal investigation.
Following that investigation, [organisation name altered] have admitted that
on this occasion the provenance of the mailing list that they used for this
campaign had not been verified as thoroughly as they would ordinarily
expect. [organisation name altered] will be providing us with formal
assurances that they have taken steps to avoid similar failures in the
future. We have reminded them that although our enforcement policy is to
seek to achieve future compliance without resort to formal enforcement
action, where that approach fails we will consider instigating formal
enforcement proceedings. We have also reminded them that any Enforcement
Notice that may result from those proceedings would be a matter of public
record.
We do not propose to take the matter any further at this time however we
will revisit your case and [organisation name altered]'s formal assurances,
should we receive further complaints of a similar nature about them.
ENDS
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
<blocked::mailto:[log in to unmask]>
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP <blocked::http://www.marketingimprovement.com/>
http://www.marketingimprovement.com
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