The Privacy and Electronic Communications Regulations govern electronic marketing, including telesales calls, automated calls, marketing faxes and electronic mail.
Telesales calls
If you have received a live telesales call, and you are registered on the TPS, you can complain directly to the TPS in the first instance.
If you continue to receive telesales calls despite complaining to the TPS you should complain to us.
We may be able to help if:
- you have received a marketing call;
- you can identify the caller;
- the caller is based in the UK; and
- you have registered with the Telephone Preference Service (TPS) or Corporate Telephone Preference Service (CTPS); or
- you have a record showing you had previously informed the caller that you did not wish to receive its marketing calls.
Automated calls
We may be able to help if:
- you have received a pre-recorded marketing message;
- you can identify the caller;
- the caller is based in the UK; and
- you have not previously consented to the call.
If the automated call invites you to call a premium-rate number (one starting with 090), ask PhonepayPlus, the premium-rate regulator, for advice.
Faxes
We may be able to help if:
- you have been sent a fax consisting of marketing or promotional material;
- you can identify the sender; and
- you are an individual subscriber and you have received a fax that you did not ask for; or
- you have received a fax through a fax number that is registered with the Fax Preference Service.
Electronic mail (emails and text, picture, video and answer-phone messages)
Electronic mail marketing messages should not be sent to individuals without their permission unless all these following criteria are met:
- The marketer has obtained your details through a sale or negotiations for a sale.
- The messages are about similar products or services offered by the sender.
- You were given an opportunity to refuse the marketing when your details were collected and, if you did not refuse, you were given a simple way to opt out in every future communication.
We may be able to help if:
- you have received an electronic mail marketing message which you did not ask for or which does not otherwise comply with the above criteria;
- the sender is based in the UK; and
- you can identify the sender.
The regulations do not cover electronic mail marketing messages sent to businesses.
Before you complain to us
First, you should contact the organisation concerned. Tell them about the problem and allow them time to put things right. In many cases, things can be resolved quickly without us getting involved. You can also call our helpline on 0303 123 1113 for advice about what you can do to resolve the matter.
What if I cannot resolve the problem myself?
If you have contacted the organisation about the problem but have been unable to resolve it, we may be able to help.
If necessary, we will investigate the problem further. If we think the law has been broken, we can give the organisation advice and ask them to solve the problem. In the most serious cases, we can order them to do so and we can impose a monetary penalty in specific situations.
We cannot award you compensation or punish every organisation for breaking the law. Our main aim is to get the organisation to change the way it works so that it complies with the regulations in future.
Supporting evidence
You will need to provide us with information in support of your complaint or we will not be able to consider it.Our complaint form will explain the kind of information we need, but if you are unsure please call our helpline on 0303 123 1113.
Make your complaint
Please note: we've received a large number of complaints about an alleged data breach on the O2 mobile phone network.
We now have enough information to take this matter further, so there is no need for customers to complain to us.
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By email: If all your supporting evidence is available electronically, you can send your form via email by taking the following steps. Please be aware that email may not be secure and could be intercepted before reaching the ICO.
Privacy and Electronic Communications complaint form (Word version)
1. Complete and save the form to your computer.
2. Open a new email, with 'Complaint to the ICO' in the subject line.
3. Attach this form and any other documents you wish to send us.
4. Send to casework@ico.gsi.gov.uk
Send to:
First Contact Team
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
Please note: our automatic email response system is not currently working. We’re receiving your emails as normal and are working to reinstate the automatic email response.
For information about how we handle your data, please read our privacy notice.