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Yes and no, The Telecommunications (Data Protection and Privacy)(Direct Marketing) Regulations 1999 -the regs prevent use of autodiallers where callee ends up listening to a machine. cold calling is only banned where the callee is on the TPS list - but ODPC expects all marketeers to subscribe to use TPS before doing cold calling. See my discussion of this topic in BSI "Guide to the Practical Implementation of the Data Protection Act 1998" Regards Alasdair Warwood ----- Original Message ----- From: Ian Welton <[log in to unmask]> To: <[log in to unmask]> Sent: Wednesday, January 24, 2001 8:29 PM Subject: Re: University fund-raising > Was there not some legislation recently making it unlawful for cold calling > via the telephone? > > If so would this sort of fundraising effort fall foul of that? > > Ian W > ----- Original Message ----- > From: "Sarah Gilbert" <[log in to unmask]> > To: <[log in to unmask]> > Sent: Wednesday, January 24, 2001 4:26 PM > Subject: Re: University fund-raising > > > > Dear All - further to Jane's query below - could I make a comment from an > > Alumni/fundraiser's point of view (who subscribes to this list in order to > try > > and do things properly!!). > > Firstly - Charles - you'd be amazed at how successful fundraising from > > parents can be - ask anyone in the Development Office at St Andrews! > > Secondly - "cold calling" is bad practice to whoever it may be - Jane > > perhaps you could suggest to your Marketing office that they offer parents > > an opt-in/opt-out through a relevant and carefully worded mailing from the > > VC or Principal. > > For those of you who may also be in this position, those educational > > institutions who are members of CASE have representatives who have been > > discussing these kind of issues with the office of the DP Registrar direct > to > > ensure that we are all following the act - Adrian Beney in Durham's > > Development Office and Chris Berry at Newcastle may therefore be able to > > offer some advice on this one. > > Hope that helps! > > best wishes, Sarah Gilbert > > > > > > From: Jane Hopkinson <[log in to unmask]> > > Organization: University of Plymouth > > Subject: Re: University fund-raising > > To: [log in to unmask] > > > > Our marketing/fund-raising people have suggested cold-calling parents > > of current students to see if we can raise funds that way (the plan > > is to start wiuth a pilot on the grounds of 'what would your response > > be' and then extend if it looks positive, but that's irrelevant to > > the principle). > > > > My view is that we cannot release information to enable them to do > > this. While marketing is one of the things we have identified we > > might use student data for, this isn't data which the student has > > released about themselves, it is data which they have given us for > > use in case of emergency which actually belongs to the data subject, > > viz their parent/next of kin/whomever. This is clearly not an > > emergency, so I am saying no way. > > > > I am however assured that other institutions have done this (and > > reaped financial rewards therefrom). Question - was this pre-the > > Act? Or have I missed an obvious loophole? My colleagues have > > suggested that we could just call the permanent home number which > > the student has given us and talk to whomever, but > > a) since we know that in term time they are not going to be at their > > home number unless it is also their term time address, how could we > > justify it? and > > b) it could be tricky anyway, since the callers would have no > > idea who lives there or what their relationship to the student is > > > > Since there are days when I am convinced that since there are more > > of them than me, it must be me, any reassurance gratefully received!I > > ***************** > > Jane Hopkinson > > University Secretary and Academic Registrar > > University of Plymouth > > Drake Circus > > Plymouth > > Devon PL4 8AA > > ------- End of forwarded message ------- > > > > Sarah Gilbert > > Alumni Manager > > Cardiff University > > External Relations Division > > PO Box 921 > > Cardiff > > CF1 3XQ > > UK > > Tel: +44-(0)29-20-876551 (Direct Line) > > Fax: +44-(0)29-20-874457 >