Sugging

[kurvaface]

Hi Guys,

 

This is a technical legal question regarding liablity.

 

At the end of a recorded marketing phone call from the philippines purporting to be a survey( Sugging), I gave a notice pursuant to Regulation 21.(1)(a) of the Privacy and electronic Communications (EC Directive) Regulations 2003, prohibiting the use of any of my data including my phone number for the purposes of marketing. For those in the know, this would also fall under Section 11 of the Data Protection Act too.

 

Following this call, I have received various further marketing calls from various UK based marketing companies.

 

In each case I have managed to establish that the UK marketing call resulted from data acquired in the "Philippines" sugging call.

 

I have sent the companies invoices for my time dealing with their calls.

 

Most have paid.

 

I have started small claims against those that wont pay pursuant to Regulation 30 of the above mentioned regs. They argue that it was not their fault that they called me because they believed the data from the Philippines was fully opted-in.

 

I argue that the Directors of the marketing companies are vicariously liable by negligence (With regard to not taking due care with their data sourcing) and therefore I will claim damages off them pursuant to section 3 of the Protection from Harassment Act.

 

Is this an acceptable approach?

 

I will go after the data provider too once I have settled with all the marketing companies that have used the data.

 

What do you think?

 

KV

[citizenB]

I dont know the answer to your question, but will flag for others on the site team.

 

Have you also made a complaint to the Information Commissioner ?

[kurvaface]

I haven't made a complaint yet although I have discussed this with them.

 

They are quite clear that Section 11 of the Data Protection Act allows some lee-way with regard to data supression and it would be reasonable for me to give marketers time to stop processing my data.

 

However they are equally clear that a "stop calling" request pursuant to regulation 21 of the Privacy and electronic Communications regs prohibits any further telephone calls at all.

 

The argument of those that don't pay up is that they were not aware of my opt-out. My Counter argument is that they are liable, vicariously, because they have been negligent in their lack of rigour in ensuring their data supply is all opted in for marketing.

[citizenB]

Is there any problems with them receiving private data from the Phillipines or is the ICO going to say that it is out of their remit ?

 

It always bothers me that so many companies are whizzing our data over to India, Phillipines, Mumbai, etc.. yet as far as I know.. once it is out there.. it is not protected !