Planet Telecom, a British PLC, obtained a licence which enabled it to use and copy BT’s database of UK names, telephone numbers and addresses. It used the database to run an on-line search engine service. Planet Telecom faxed data correction forms to users. Hundreds of complaints were made by people who had received the unwanted marketing material from these companies.
The Commissioner, Elizabeth France, said:
"Planet Telecom and 192enquiries.com have shown a flagrant disregard for the rules. Many people have told us how irritated they have been by unsolicited marketing faxes and the costs they are forced to incur through wasted fax paper and toner. Some have told us of their frustration in receiving these companies' faxes when important communications are due; others of the disturbance caused by their faxes arriving in the middle of the night."
The Enforcement Notice required these companies to comply fully with the Telecommunications (Data Protection and Privacy) Regulations of 1999 within 28 days. Where an Enforcement Notice is in force those who fail to comply with it commit a criminal offence, punishable by a fine.
The Telecommunications (Data Protection and Privacy) Regulations of 1999 came into force on 1st March 2000. They impose special rules for dealing with data in public telecommunications systems, faxes, telephones and automated calling systems for unsolicited marketing.
Under the rules, unsolicited marketing faxes must not be sent to individual subscribers without their prior consent. Corporate subscribers cannot opt-out of telephone sales but have the right to opt out of unsolicited direct marketing faxes.
The Commissioner concluded:
"There are many companies who have worked hard to make sure they comply with data protection law. It is important to be clear that action will be taken by my Office, against those who ignore its requirements. I am now looking at enforcement reports relating to a number of other companies who market by fax."
In March, the Office of Fair Trading obtained a High Court order to block misleading advertising by the companies and two of their directors. It followed complaints that the companies implied that they were connected with BT and invited faxed replies to a premium rate number connecting to a fax machine set to the slowest possible speed. BT also won a court order in March, requiring the companies to dissociate themselves from BT.