Friday, 6 March 2015

OFCOM above the law?

Well, making progress...

My argument is simple - OFCOM and the TPS failed to meet the requirements or 26(2A) of the PECR. These state a simple requirement...

“(2A) Where a number allocated to a corporate subscriber is listed in the register maintained under paragraph (1), OFCOM shall, within the period of 28 days following each anniversary of the date of that number being first listed in the register, send to the subscriber a written reminder that the number is listed in the register.”

This is pretty clear, and an OFCOM letter confirms :-

"As explained in our letter of 3rd June 2014, your TPS registration was automatically renewed
under a particular arrangement which TPS set up in order to address your specific concerns
with the standard process for annual reminders to corporate subscribers. It follows that you
would not receive such a reminder, which was actually sent to an internal TPS to effect
automatic renewal."

So OFCOM admit that no reminder was sent, which makes OFCOM in breach of 26(2A) of the PECR.

But oddly the latest is that OFCOM state :-

"For the reasons set out in previous correspondence (and particularly the letter to you dated June 3rd 2014 from Sukh Walia-Chahil) Ofcom does not accept that there has been a breach of the Privacy and Electronic Communications Regulations 2003."

So they are in breach, their own letters admit it, but they deny it. Even so, they are liable to pay my costs for the breach. The PECR says so.

Next step? I sue OFCOM or, for more fun, I take them to the Parliamentary and Healthcare Ombudsman first. I may do that first and see what happens.

The facts are crystal clear.

OFCOM ACTED UNLAWFULLY and confirmed this and I AM ENTITLED TO COMPENSATION for my costs/losses as a result.

How simple can it be?

Latest steps are I have asked OFCOM two simple questions :-

1. Does the PECR *require* OFCOM to send a reminder of our numbers held on the register each year?

2. Did OFCOM (or even TPS) send such a reminder last year?

Awaiting reply.

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