Consenting adults

2040 information law blog

Around two months ago, the Etherington Review into charity fundraising and governance published a series of recommendations about the way the sector should be run. The most eye-catching and ridiculous is the Fundraising Preference Service, which I wrote about at the time. The reaction to the FPS from charities has been almost universally negative, with a series of articles appearing in charity publications and on charity websites, all condemning the idea that the public should be able to stop communications from charities.

There is nothing in Data Protection, the Privacy and Electronic Communications Regulations (PECR) in general or the Telephone Preference Service (TPS) provisions in particular that stops a charity from contacting a person who wants to be contacted. The FPS is non-statutory, and so cannot change it. Since 1995, Data Protection law has been built on a requirement that any contact based on consent requires a freely given, specific and informed indication of the…

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