We’ve received the following information from the Institute of Fundraising…
Following recent correspondence with the Information Commissioner’s Office we have today made amendments to the section on Telephone fundraising in IoF’s Code of Fundraising Practice regarding the ability to call TPS-registered numbers.
Section 8.2.3 of the Code now reads:
8.2.3 The Telephone Preference Service
The Telephone Preference Service (TPS) and Corporate Telephone Preference Service (CTPS) allows individuals or companies to register their telephone numbers to indicate that they do not wish to receive unsolicited sales and marketing telephone calls.
a) Organisations MUST* always check telephone numbers against TPS/CTPS when intending to call cold donors.
b) Organisations MUST NOT* make direct marketing calls to Telephone Preference Service (TPS)/Corporate TPS (CTPS)-registered numbers unless the person who registered the number has notified the organisation that they are happy to receive calls for the time being.
The Information Commissioner’s Office has produced guidance on direct marketing including the definition of ‘consent’ and the key points for consent to be valid.
Administrative/ calls differ from marketing calls in that they are not made with the specific purpose of soliciting a donation/sale, and so are outside of the Regulations.
c) Marketing calls under the guise of administrative calls MUST NOT* be made.
With these changes being specifically requested by the Information Commissioner’s Office we recommend that all organisations take steps to ensure that they act accordingly with the new changes as soon as possible.
We understand that there is a need for further guidance and clarity for charities on this issue which we are seeking from the Information Commissioner’s Office as a matter of urgency. As soon as we have further information we will of course share it with you. If you have any specific questions or issues that you would like us to address please let us know. In the meantime we as advise all members to read the ICO guidance on direct marketing for an explanation on the rules and application of the Data Protection Act and Privacy and Communications (EC Directive) Regulations.
If you have any questions please contact us on policy@institute-of-fundraising.org.uk
