Rachel Cairnes, policy and public affairs adviser at the Association of Consumer Support Organisations (ACSO), responded to the Information Commissioner's Officer (ICO) consultation on the draft direct marketing code of practice.
The response focused upon the implications of the direct marketing code upon consumers, in particular, how to ensure they are aware of their rights and able to utilise the protections offered by the code.
“We note the absence of any direct consumer engagement in the formulation of the draft direct marketing code. Effective dialogue between the ICO and consumers would help ensure the code, and the outcomes it delivers, are designed around consumer needs. In particular, it would lead to the creation of a code that addresses the particular challenges consumers are likely to face.
“Understanding how consumers can and do engage with direct marketing should be a central component in the formulation of the code. There exists a lack of detailed analysis on how key concepts such as trust, concern, privacy, value and control in personal data are interpreted by consumers. Any lack of clarity on terms and definitions is likely to serve as a barrier to developing a code that works in the best interest of consumers, and to the assessment of the success and value of the code.
“If consumers are not aware of the rights they hold in regard to their personal information, they will be unable to utilise the protections offered by the code.
“Data collection is an integral part of the digital age. As such, we urge the ICO to conduct further research on how best to educate the public on data privacy rights, how data may be used and the value of data privacy”.