alastairgott
Well-known member
I was sparked to get in touch with the ICO by a recent post, https://ukcaving.com/board/index.php?topic=24666.msg308493#msg308493 whilst i'm sure they are aware of why we need to communicate with members, they have made the following communication to me.
23 April 2019
Our reference: IC-13536-P6D0
Dear Mr Gott,
Thank you for your email of 16 April 2019.
I tried to call you earlier today to discuss your enquiry further, unfortunately, you were unavailable.
If the information you are sending to individuals furthers the aims and objectives of your organisation, it is the view of the Information Commissioner's Office that it would be classified as marketing. Reviewing the samples you sent in your correspondence, I believe this would fall within this category.
As such, compliance with the Privacy and Electronic Communications Regulations 2003 (PECR) is required. Within this I would refer you to our guidance on electronic mail marketing which would cover emails. In most cases you would be required to demonstrate consent before sending these emails. It would not be compliant to assume that these individuals want to receive this information due to a consensus from the national council.
Moving forward it may be worth asking new members to opt into receiving newsletters. If you are able to demonstrate this consent, and it is clear and informed, you would be able to email the individuals.
I hope this information is helpful to you. If you would like to discuss this further, please contact me on my direct number 0330 313 1786. If you need advice on a new issue you can contact us via our Helpline on 0303 123 1113 or through our live chat service. In addition, more information about the Information Commissioner?s Office and the legislation we oversee is available on our website ico.org.uk.
Yours sincerely
[Redacted by ALASTAIR]
Case Officer
Information Commissioner's Office
Information Commissioner?s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
23 April 2019
Our reference: IC-13536-P6D0
Dear Mr Gott,
Thank you for your email of 16 April 2019.
I tried to call you earlier today to discuss your enquiry further, unfortunately, you were unavailable.
If the information you are sending to individuals furthers the aims and objectives of your organisation, it is the view of the Information Commissioner's Office that it would be classified as marketing. Reviewing the samples you sent in your correspondence, I believe this would fall within this category.
As such, compliance with the Privacy and Electronic Communications Regulations 2003 (PECR) is required. Within this I would refer you to our guidance on electronic mail marketing which would cover emails. In most cases you would be required to demonstrate consent before sending these emails. It would not be compliant to assume that these individuals want to receive this information due to a consensus from the national council.
Moving forward it may be worth asking new members to opt into receiving newsletters. If you are able to demonstrate this consent, and it is clear and informed, you would be able to email the individuals.
I hope this information is helpful to you. If you would like to discuss this further, please contact me on my direct number 0330 313 1786. If you need advice on a new issue you can contact us via our Helpline on 0303 123 1113 or through our live chat service. In addition, more information about the Information Commissioner?s Office and the legislation we oversee is available on our website ico.org.uk.
Yours sincerely
[Redacted by ALASTAIR]
Case Officer
Information Commissioner's Office
Information Commissioner?s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF