Absolutely Livid ICO letter

[idlerobbo]

If you've done nothing wrong then you have nothing to worry about. Just email them and they'll take you off the list.

At some point the Burden would be on them to provide evidence if they wish to pursue someone. So if you have done nothing wrong there will not be any evidence.

Definitely won't be any evidence but would still like the email to say I've been taken off the potential charge of 500,000 quid! It's quite the letter!

[Pam712]

Definitely won't be any evidence but would still like the email to say I've been taken off the potential charge of 500,000 quid! It's quite the letter!

I've just had mine and my partner has too so Im sure yours wont be long. It does seem a bit of a backward way to do things to have to remove people from an investigation rather than add them though!

[DaveL]

Yes, still waiting on a response from Friday, have emailed again today to check they received the previous one (for what that's worth...)

[idlerobbo]

let me know if you hear back! I've not followed up yet but may do soon.

[DaveL]

Response received today - it sounds like they got a lot of responses!

[idlerobbo]

Response received today - it sounds like they got a lot of responses!

I got mine back today too. All cleared.

[justbookies]

I received a helpful reply from the ICO that does clear up the issue of which regulatory body requested the information from Income Access:
"In the case of Income Access we had to get the Canadian Radio and Telecommunications Commission (CRTC) to serve a notice on them . . . "

[Allan_IncomeAccess]

Hi everyone,

Following our message on Friday concerning letters sent by the ICO to UK affiliates, Income Access would like to provide you with more details about the sequence of events that led to the ICO’s actions.

• In September 2016, the Canadian anti-spam regulator, the Canadian Radio-television and Telecommunications Commission (CRTC), sent Income Access a written “Notice to Produce” – a document which legally compelled Income Access to identify UK affiliates using its software or platform

• As required by law, Income Access submitted the information requested in the “Notice to Produce”

• Income Access informed the CRTC that it held no information on affiliate SMS marketing activities and that, in any case, its platform does not support the sending of SMS text messages

• Income Access had no contact with the ICO prior to the ICO sending the letters to UK affiliates, and at no time provided any information directly to the ICO

We have now learnt that the ICO was investigating a large volume of complaints regarding electronic marketing of online gaming/gambling industry related services, and as a part of its investigation the ICO requested the Canadian anti-spam regulator, the CRTC (Canadian Radio-television and Telecommunications Commission), to serve a “Notice To Produce” on Income Access.

Income Access would encourage all UK affiliates who received the letter to respond to the ICO and clarify their marketing practices, as it would appear from affiliate feedback that the ICO adopted a ‘blanket’ approach of contacting a large number of affiliates due to the difficulty in distinguishing between those affiliates who are and are not engaged in SMS marketing.

Thank you for your understanding regarding this matter.

Best regards,

Allan

[PromoteCasino]

Hi Allan,

If IA knew they had to send out personal details, then why were the members (affiliates) not informed about his course of action. Instead of hard working affiliates crapping their pants when this unsolicited letter turned up on their doorstep. Just out of courtesy I say

[idlerobbo]

Hi Allan,

If IA knew they had to send out personal details, then why were the members (affiliates) not informed about his course of action. Instead of hard working affiliates crapping their pants when this unsolicited letter turned up on their doorstep. Just out of courtesy I say

I'll be honest I've been shitting myself waiting to hear back despite knowing I haven't sent a single SMS message promoting. Injustices have happened before in this world. I'm. A naturally anxious person and this letter and the last week has just been plain awful. I don't think they quite realise the impact this could have had on some individuals.

[PromoteCasino]

I got mine back today too. All cleared.

Fear no more my friend if you got the all clear, but scary none the less

[idlerobbo]

Fear no more my friend if you got the all clear, but scary none the less

Oh yeah, all good now but seriously that letter could have been worded slightly differently like we have reason to believe you MIGHT etc. Guess it will have the desired effect for those who are breaking the rules though. Then I REALLY would be crap crapping my pants!!

[-Shay-]

Hi Allan,

If IA knew they had to send out personal details, then why were the members (affiliates) not informed about his course of action. Instead of hard working affiliates crapping their pants when this unsolicited letter turned up on their doorstep. Just out of courtesy I say

You have to post the right buzz word in this thread. It then triggers a response from IA. In this most recent case, the buzz word was "Canadian Radio and Telecommunications Commission (CRTC)".

[PromoteCasino]

You have to post the right buzz word in this thread. It then triggers a response from IA. In this most recent case, the buzz word was "Canadian Radio and Telecommunications Commission (CRTC)".

Noted

[jono78]

WOW. so in order to get any response from income access you first have to confront them with the facts that we do know. thankfully provided my ico. still with no explanation as to why we weren't told when they handed over our details.


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[tomgalanis]

Just to elaborate on the cooperation between the ICO and the CRTC, there exists a Global Cross Border Enforcement Cooperation Agreement that sees data protection regulators in the following countries cooperate on such matters: Australia, Canada, Estonia, Gibraltar, Hungary, Ireland, Isle of Man, Netherlands, Hong Kong and the United Kingdom. This is of course alongside all EU countries required to comply with the EU's ePrivacy Directive (which led to PECR in the UK). So to be clear, any affiliates in any of those countries communicating with people in any of them (plus the EU) needs to be aware of the reach these regulators have and take note of local data protection law.

[Webzcas]

I actually caught up with Tom yesterday and spoke to him at length regarding this letter from the ICO and also what we as affiliates need to be aware of, concerning the legislation and regulations in place.

The interview with Tom starts at 1:31 in.

[Mattbar]

I got my letter last week. I'm so glad that I'd read this post in advance or I would have been much more annoyed.

What happened to the premise of innocent until proven guilty eh.

Who can you complain to about the ICO, who polices the police?