§ Mr. DrewTo ask the Secretary of State for Trade and Industry what plans she has to investigate nuisance faxes; and what charges can be made against those who continue to send unprompted material. [25005]
§ Mr. AlexanderUnsolicited direct marketing by fax is regulated under the Telecoms Data Protection and Privacy Directive, implemented in the UK by the Telecommunications (Data Protection and Privacy) Regulations 1999. Under these regulations, unsolicited direct marketing faxes to individual subscribers are banned unless they have given their prior consent. Corporate subscribers, including limited companies, are entitled to register with the Fax Preference Service or instruct particular senders not to send them any further faxes. (Individuals may also reinforce their protection by registering). Any faxes which advertise premium rate services are in addition subject to self-regulatory control by the industry regulator, ICSTIS, and must comply with the ICSTIS code of conduct.
The Information Commissioner enforces the Telecommunications (Data Protection and Privacy) Regulations. The Commissioner may send an enforcement notice to anyone who sends faxes to individuals who have not given their consent, or to subscribers who have registered on the Fax Preference Service; ultimately, failure to comply with enforcement notices is a criminal offence punishable by a fine.