Friday 26 September 2014

ICO correspondence

Many people don't realise, but sending unsolicited email is unlawful here in the UK.  There are several ways companies go about doing bulk email marketing:
  1. Collect the recipient's details via an existing business transaction, giving them the opportunity to opt-out of marketing emails at the same time.
  2. Collect the recipient's details via an existing business transaction, giving them the opportunity to opt-in to marketing emails.
  3. Buying/acquiring a mailing list from someone else.

The Privacy and Electronic Communications (EC Directive) Regulations 2003 states that you're on dodgy ground if you do (1).  If you do (2) then you can only send marketing regarding "similar products and services".  Doing (3) is never lawful.  Also, any marketing is required to contain a valid address that recipients can contact the sender on.

Whenever I give a company my details, I always ensure that I opt-out of marketing if there's an option to do so, and I never opt-in, so in theory I should get no spam.  Unfortunately, these regulations are widely disregarded, even by big corporations, so I send a standardised response to spam email that I receive from British companies (usually to several of their email addresses):
This is an unsolicited communication by means of electronic mail transmitted to an individual subscriber for direct marketing purposes. This is contrary to section 22 of The Privacy and Electronic Communications (EC Directive) Regulations 2003.
Please do not send any further unsolicited emails. A charge of £25 per email will be made for any further unsolicited emails received and your sending of any such emails will be deemed as acceptance of these terms.
I am also making a subject access request under Section 7 of the Data Protection Act 1998 for all the data / information you hold on me and from where you obtained it.
I suggest you remove me from your list and review your marketing methods with a qualified lawyer. Please confirm the receipt of this email. Failure to respond will result in your organisation being reported to the Office of the Information Commissioner.
I want to know how they came upon my details and why they think I've opted in to their spam, so as part of the above email I make a subject access request (SAR) under the data protection act - companies have a maximum of 40 days to respond.  Usually I get no response at all, and usually the spamming continues.

At the weekend I tidied up my email a bit, and took the opportunity to actually file complaints with the information commissioner's office.  They have the power to follow up these complaints and fine the companies responsible.

In total I made 5 complaints under the PECR - these were companies who had spammed me, been sent the above warning and had continued to send spam regardless.  I also made 6 complaints under the DPA - companies who had spammed me and had not responded to the SAR.

All of the complaints I filed followed the same format - I filled in the appropriate form provided by the ICO and attached it to an email as a PDF.  o the same email I attached all of the relevant emails I had sent or received as message/rfc822 attachments - this means they include all of the headers added by the email client and email servers.

Today the ICO sent me their first response - they tell me they can't investigate my DPA complaint against Halfords because I didn't include any of the email headers and therefore they don't know what date I made the SAR on...  I'm not sure if they're incompetent or looking for an excuse to not do their job - all the emails I forwarded to them had the complete headers.

1 comment:

  1. Bit of both probably ;) But there's no point IMHO in complaining to the ICO, just NBA then Court Action.
    I had one defence of "you have never complained to the ICO about this" - to which my rebuttal was along the lines of "No, would you like me to?"