Overview

This bill aims to reduce the number of unsolicited telephone calls and text messages received by consumers in the UK. It strengthens existing regulations by clarifying consent requirements for marketing communications and introducing stricter penalties for those who violate the rules.

Description

The bill amends the Privacy and Electronic Communications (EC Directive) Regulations 2003. Key changes include:

• Consent for Direct Marketing: The bill makes it explicitly clear that consent for automated marketing calls, faxes, and emails must be given directly to the caller/sender by the consumer, not obtained through a third party. It also clarifies the definition of consent, specifying that it must be obtained at the time of collecting personal data.
• Duration of Consent: Consent is considered valid only if the marketer is unaware of any withdrawal and if the consent wasn't obtained via a third party more than a year ago.
• Definition of Inappropriate Direct Marketing: The bill defines "inappropriate direct marketing" and prohibits unsolicited communications for this purpose via automated calling systems, fax, and email. The term "inappropriate" replaces "damage or distress" with "annoyance, inconvenience, or anxiety," broadening the scope of protection.
• Information Commissioner's Powers: The bill enhances the Information Commissioner's powers to investigate and enforce compliance. The Commissioner can now rely on a lack of sufficient proof of consent as evidence of a violation.
• Guidance: The Information Commissioner will issue guidance on what constitutes inappropriate direct marketing.

Government Spending

The bill doesn't directly specify government spending. The costs will likely be associated with enforcement by the Information Commissioner and potential legal challenges, but no figures are provided in the bill text.

Groups Affected

• Consumers: Consumers will benefit from a reduction in unsolicited calls and texts.
• Marketing Companies: Marketing companies will need to adapt their practices to comply with the stricter consent rules. They may face penalties for non-compliance.
• Telecommunication Companies: Telecommunication companies may be involved in enforcing the new regulations.
• Information Commissioner's Office (ICO): The ICO will have increased responsibilities in enforcing the new legislation.

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