PECR and applicability of consent to specific telephone numbers

The request was refused by Information Commissioner's Office.

Dear Information Commissioner's Office,

In the draft code of practice on Direct Marketing at https://ico.org.uk/media/about-the-ico/c..., the final sentence of the second paragraph of page 62 asserts that consent to send direct marketing emails is specific to a particular email address.

Given that para 22(2) of the PECR refers only to the "recipient of the electronic mail" and not the email address itself, please explain the decision making process at ICO which has led to the assertion that PECR requires consent specific to individual email addresses.

Yours faithfully,

Madeline Bowles

Information Access Inbox, Information Commissioner's Office

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References

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1. https://ico.org.uk/about-the-ico/our-inf...
2. https://ico.org.uk/global/privacy-notice/
3. https://ico.org.uk/about-the-ico/news-an...
4. http://www.twitter.com/ICOnews

Information Access Inbox, Information Commissioner's Office

Dear M. Bowles,

We write in response to the Information Commissioner's Office (ICO) through the whatdotheyknow.com (WDTK) website.

The WDTK website was created to help people request information from public authorities under the Freedom of Information Act (FoIA) and the Environmental Information Regulations (EIRs).

As a public authority the ICO is subject to the FoIA and EIRs and so if people want to request information we might hold about our work as a public body, they can do this through WDTK.

The correspondence you have sent to us is not a request for information we might hold. It is an enquiry about the legislation we oversee and the guidance we have published. We provide a range of advice services for organisations and for the public. However, we do not provide these through the WDTK website. Therefore, we consider that you have not made a valid request for recorded information pursuant to section 8 of the FOIA.

Please visit our website at www.ico.org.uk where you will find a great deal of advice about the legislation we oversee. You can also contact our helpline on 0303 123 1113 where a member of our team will be happy to help you. General enquiries can be emailed to [email address]. Alternatively, you may wish to engage with the consultation on the draft 'direct marketing code of practice' directly by emailing [email address].

Please do not reply to this message through the WDTK website. We make no commitment to respond if you do.

Yours sincerely

The Information Commissioner's Office

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