§ Mr. TynanTo ask the Secretary of State for Trade and Industry what recent discussions she has had with network providers, the Direct Marketing Association and the Advertising Standards Agency on the best methods by which to protect consumers from unsolicited junk SMS text-message and mobile phone voicemail advertisements. [118244]
§ Mr. TimmsRegulations to implement the new Directive on Privacy and Electronic Communications will introduce stricter rules on the use of SMS messages for the purposes of direct marketing, and these Regulations are currently open for public consultation closing on 19 June. The consultation paper is available in the House of Commons Library, or on the DTI website at the following URL:
http://www.dti.gov.uk/industries/ecommunications/ directive_on_privacy_electronic_communications_200258ec.html
As part of the consultation, some 1,200 interested parties were contacted direct in March 2003, including most mobile network providers, the DMA and the ASA. In addition, there have been a number of meetings between my officials and major stakeholders, including a joint DTI/DMA open meeting on 29 May.
The present rules are set out in the Telecommunications (Data Protection and Privacy) Regulations 1999, which introduced a statutory opt-out scheme, the Telephone Preference Service (TPS), through which individuals can register to avoid the receipt of unsolicited direct marketing calls. Direct marketers must not contact numbers listed on the TPS without the prior consent of the recipient of the call. The body responsible for the enforcement of the Regulations, the Information Commissioner's Office, treats an SMS message to a mobile as a "call" for the purposes of the current Regulations. Until the new Regulations are in farce, individuals can therefore best protect themselves from unsolicited direct marketing SMS and voicemail messages to their mobile telephone by registering their number with the TPS. Details of how to register are available on the TPS website at www.tpsonline. org.uk