OFCOM have admitted they did not send a written reminder of our corporate TPS numbers (and neither did TPS) as required by section 26(2A) The Privacy and Electronic Communications (EC Directive) Regulations 2003 as modified by The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2004... phew that is a long sentence.
So they have acted unlawfully, and section 30 allows anyone suffering damages from a breach by anyone under the regulations to claim damages.
Well, having had TPS drop our numbers silently before, obviously, I had to find out if we were still listed having not had the reminder. This involved recordered delivery letters to TPS and OFCOM, which apart from my time, also cost in paper, ink, envelope and postage to the tune of several pounds.
OFCOM are adamant that they do not have to pay any damages.
Are OFCOM really claiming that they are above the law? We will see. I have formally requested that the ICO exercise their enforcement action against OFCOM, and I have sent OFCOM a notice before action.
OFCOM think they are above the law?
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