These regulations came into force on 1 May 1999 as part of the UK steps necessary to implement the Europe Directive 97/66/EC concerning the processing of personal data and the protection of privacy in the telecommunications sector.
The Data Protection Registrar's office has just produced some "interim guidance" on the regulations towards the end of July.
There are a number of areas of concern within the Regulations and the guidance makes some helpful comments, for example:
(a) whilst the Department of Trade and Industry takes the view that the regulations do not apply to e-mail, this analysis is based on the use of the word "call" in two important articles in the Directive. The Registrar recognises this view but has indicated that there is an argument that e-mail may be covered. However, this is not yet a "formal view" from the Registrar;
(b) the guidance looks at the meaning of "direct marketing" which is not well defined in the Act. The Registrar's view is that direct marketing will apply not just to the offer for sale of goods and services but also to the promotion of an organisation's "aims and ideals". Thus an appeal for funds by a political party or a charity could be caught in this way by the Regulations;
(c) the all important provision of the Regulations is that they apply to the unsolicited communication of material for direct marketing purposes. The important point from the guidance is that some clarification is given as to the meaning of "unsolicited" which is to have its "ordinary natural meaning of "uninvited"". The Regulations themselves say that calls should not be treated as unsolicited where the subscriber concerned has notified the caller that he does not object to receive such fax/call. However, the Registrar makes it clear that this does not mean that these are the only circumstances in which a fax/call which is not expressly invited could legitimately be considered. The example given is that if someone fills in and returns a coupon asking for further information about a particular product or service and gives his/her telephone number, then it may be considered that a call made to that number to provide the information in question is not "uninvited".
