5.3 Legislation relating to the use of ICT for storage, manipulation and access of information

Table of Contents

1. Introduction
2. Data Protection Act
   1. The eight principles of good practice
   2. The six conditions for fair data processing
   3. Sensitive data
   4. Rights under the Act
   5. Criminal offences created by the Act
   6. Unsolicited electronic communications
   7. The role of the Information Commissioner's Office
   8. Other Useful DPA websites
3. Copyright legislation
4. Intellectual Property Rights (IPR)

Unsolicited electronic communications

The Privacy and Electronic Communications (EC Directive) Regulations 2003 cover, amongst other things, unsolicited electronic marketing communications.

Unsolicited marketing calls should not be made to individual subscribers who have opted out either directly or by registering with the central stoplist, the Telephone Preference Service (TPS), or to corporate subscribers (e.g. companies) who have objected either directly or by registering on the Corporate TPS.

Unsolicited marketing faxes should not be sent to individuals without their prior consent or to any subscriber who has objected, either directly or by registering on the Fax Preference Service (FPS).

Unsolicited marketing emails or SMS should not be sent to any individual subscriber who has not consented unless the email address or phone number was collected in the context of a commercial relationship.

Wholly automated marketing calls, i.e. where a recorded message is played and the recipient does not speak to a human being, can only be made where the subscriber concerned (whether individual or corporate) has consented.

Let's consider The role of the Information Commissioner's Office ...