Privacy laws: National "Do not call List'
posted on
Oct 17, 2008 07:21AM
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Its interesting to note that most companies can contact thier customers as an existing relationship does exist.
However, these calls being made by Rosseau for thier benefit only may be considered an enfringement of your privacy. I do work in an industry that has very clear and defined rules with respect to contacting "existing customers". We can call about service issues, however, to solicit new business is another story. We must have authorization from the client. this may be a little murky, however relevant considering the calling campaign they are on at this point.
I've copied below some text regarding this:
The Canadian Do Not Call List allows Canadians to decide whether or not to receive telemarketing calls.[1] It was first announced by the Government of Canada on December 13, 2004.[2] It follows the model set by the National Do Not Call Registry established in the United States in June 2003.
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A legislation entitled Bill C-37, An Act to amend the Telecommunications Act, introduced in the House of Commons, was given first reading on December 13, 2004.[2] It addressed telemarketing calls in Canada and would allow Canadians to sign up to prevent certain telemarketers from contacting them. It received royal assent on November 25, 2005 and came into force September 30, 2008. The legislation gives the Canadian Radio-television and Telecommunications Commission (CRTC) authority to establish a national do not call list, to establish procedures to administer the Act and to levy penalties for violations.[3] Starting September 30, 2008, Canadians can sign up online or by telephone to be put on the list.[1]
The Do Not Call List exempts Canadian registered charities, political parties, riding associations, candidates, and newspapers of general circulation for the purpose of soliciting subscriptions.[4] Telemarketing calls from organizations with whom residents have an existing business relationship are also exempt.[4] Telemarketers may also still call if a resident gave them permission in a written form or verbally.[4] This law also does not extend its protections to non-Canadian phone numbers.
The privacy benefits the list will achieve remain uncertain. A working group of the CRTC held hearings concerning the implementation of the list. It submitted recommendations [5] on July 26, 2006.
On July 3, 2007 [6], the CRTC announced it would be issuing a request for proposals to suppliers willing to provide this service. On December 21, 2007 [7], the CRTC announced that it had picked Bell Canada to operate the National Do Not Call List for five years. It will be funded from subscription fees paid by telemarketers[8], and became operational on September 30, 2008.
On August 5, 2008, letters from the CRTC to the Canadian Marketing Association (CMA) and the Canadian Bankers Association (CBA) were made public. These letters warned that do not call requests from third parties, such as iOptOut.ca, are to be considered as valid requests and must be honoured.[9]
The Canadian Marketing Association offers a free "Do Not Contact Service". The service is limited to screening telemarketing from participating companies only. Registration can be sought by mail, phone or online at their website http://www.the-cma.org. After registration, it takes six weeks to be effective and lasts for three years.
Professor Michael Geist, an authority on technology, Internet and copyright law and holder of the prestigious Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa has criticized the changes adopted in the amended Act. He observes that the legislation contains too many exemptions. Professor Geist expresses particular concern about the extent and duration of the existing business relationship exception.
On March 28, 2008 Professor Geist introduced iOptOut.ca, a free service which assists in the process of creating a personal do not call list. The service notifies callers selected by the user that the individual exercises his or her right under privacy laws not to receive communications from the notified business. It is intended to cover those organizations excluded from the Do Not Call List.