The Government introduced statutory controls on spam emails by means of the Privacy and Electronic Communications (EC Directive) Regulations 2003, which were enacted on 11 December 2003. The regulations provide a first line of defence against spam originating in the EU where the recipient has no knowledge of the advertiser of the products being marketed. The regulations require that spam must not be sent to an individual subscriber without prior permission or unless there is a previous relationship between the parties. The regulations can be enforced against an offending company or individual anywhere in the EU. There is regular contact between my Department, the Department for Constitutional Affairs and the Information Commissioner’s Office on the operation of these regulations.
The Government recognise that most spam does not come from the UK and have therefore extensively promoted international co-operation. A Memorandum of Understanding was agreed on 2 July 2004 between the enforcement authorities of the United Kingdom, United States and Australia, to reduce the problem by working together to investigate those sending spam. The UK also plays a leading role in Organisation for Economic Co-operation and Development (OECD)’s Anti Spam Task Force and other multilateral initiatives. In late 2004, the UK launched the world’s first and only anti-spam enforcement network, the London Action Plan, which now spans five continents and includes authorities and industry from countries particularly affected by this issue, such as Nigeria, China and India.
The end user has a role to play in acting to avoid being a target for those sending spam, as well as acting to filter spam. Information has been made available to the public and to business by the DTI, the Information Commissioner’s Office, the Office of Fair Trading as well as a number of sites provided by service and software providers. These messages have been reinforced by the Get Safe Online initiative launched on 27 October 2005. This is an initiative between Government and Industry to help individuals and businesses protect themselves against internet threats, including spam.
Our response to the problem of spam continues to develop. I have taken careful note of the views of the Information Commissioner’s Office on the powers available to him, and DTI officials are working with the Information Commissioner’s Office on this matter. The Government are actively considering whether to revise the relevant legislation. DTI officials have a continuing dialogue with internet service providers regarding steps that can be taken to reduce spam. We also continue our efforts to achieve greater international co-operation.