Letter from Ofcom
During the oral evidence session on 24 January
as part of the Committee's current inquiry into Personal Internet
Security, reference was made to comments by Professor Ian Walden
from the Society for Computers and Law, who said that Ofcom, with
its good reputation and better levels of recognition, would be
well placed to offer regulation in Internet security. Ofcom also
notes thae recent report published by the Society for Computers
and Law which states at paragraph 17 that "Ofcom is the proper
person to enforce Regulation 5 of the Privacy and electronic communicatiosn
"ePrivacy" Regulations (PECR) and not the Information
Commissioner".
While Ofcom is appreciative of Professor Walden's
kind words in Committee, as he later recognises in that discussion,
Ofcom does not have a remit in the wider area of personal Internet
security, or indeed the necessary expertise. In relation to compliance
with PECR as the Society for Computers and Law suggests, while
Ofcom does have certain powers in this regard, Ofcom and the Information
Commissioner's Office (ICO) are shortly to finalise a letter of
understanding which sets out the basis for future collaboration
between Ofcom and the ICO in areas where we share a common enforcement
responsibility.
At present, these areas are primarily those
covered by the PECRwhich include the use of automated calling
systems, the transmission of recorded messages that contain direct
marketing material, and compliance with the Telephone (TPS) and
Fax (FPS) Preference Services.
As the Committee will know, there are areas
where Ofcom or the ICO will have specialist experience and might
generally be expected to take the lead. Examples might include
where the issue of privacy is foremost and the ICO would be expected
to take the lead. In contrast, if an investigation would benefit
from technical knowledge of the communications sector, Ofcom might
be best placed to take the lead. Ofcom notes that the ICO has
recently undertaken enforcement action in compliance with the
TPS scheme. A link to the ICO's press release in its December
enforcement action can be found at www.ico.gov.uk/upload/documents/pressreleases/2006/en_6_dec_06.pdf.
It is also worth noting Ofcom's recent enforcement
action imposing a financial penalty of £10,000 on 1RT under
section 130 of the Communications Act 2003 (penalties for the
persistent misuse of a communications network of service) in relation
to their sending faxes containing marketing material to telephone
numbers registered with the FPS without consent, details of which
can be found at www.ofcom.org.uk/bulletins/comp_bull_index/comp_bull_ccases/closed_all/cw_891/.
Ofcom considers that such an understanding supports
appropriate enforcement, providing clarity on the roles of the
two organisations and playing to the expertise of both.
8 March 2007
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