Government moves to outlaw spam

New government moves to tackle the nuisance of spam or junk emails and give phone and internet users more control over how their personal details are used have received a mixed response.

The measures, which are to be enforced by the Office of the Information Commissioner, update existing legislation in the light of new technology and will cover unsolicited e-mail, phone and the internet.

However, anti-spam group Spamhaus have pointed out that the legislation will do nothing to prevent spam originated from non-EU countries. They also argue that the opt-out clause may be used to target businesses with more spam on the premise that they have the right to opt-out on an individual basis – defeating the primary purpose of the anti-spam legislation.

Introducing the measures Communications Minister Stephen Timms said that it was "crucial" that people feel safe and have confidence in utilising electronic communication technologies.

"These regulations will help combat the global nuisance of unsolicited e-mails and texts by enshrining in law rights that give consumers more say over who can use their personal details," he said.

Anti-spam company Brightmail CEO, Enrique Salem, said that he supported the government implementation of the anti-spam initiative as “only a combination of international co-operation and legislation” could halt the growth of spam email.

The regulations will mean:

• Unsolicited commercial e-mail (spam) and text messages (SMS) to individual subscribers will need their prior agreement so that they may only be sent if the recipient has agreed in advance. There is an exception to this rule in the context of an existing customer relationship
• New requirements on firms using cookies and similar internet tracking devices will be required to provide information and a chance for the user to refuse the cookies
• Network operators and their partners will be able to provide subscription and advertising services based on location and traffic data to their customers. There is no restriction on the type of services that may be provided as long as subscribers give their consent and are informed of the data processing implications.

The government has also announced its intention to extend the Telephone Preference Service to corporate subscribers next year.

All businesses as well as individuals will be able to opt-out of phone marketing – a move is backed by the British Chambers of Commerce and the Federation of Small Businesses.

There will be a 12-week period between the introduction of the regulations on September 18 and when they come into force on the December 11 to give businesses time to adapt.

Breaches of enforcement orders issued by the Information Commissioner will be a criminal offence liable to a fine of up to £5,000 in a magistrate’s court, or an unlimited fine if the trial is before a jury.

In addition anyone who has suffered damages because the regulations have been breached has the right to sue the person responsible for compensation.

(SP)