ICO U-Turn On Bluetooth

The Information Commissioner’s Office (ICO) guidance on direct marketing via electronic mail stated, until recently, that marketing messages sent via Bluetooth would be subject to the Privacy and Electronic Communications Regulations 2003 (Regulations). These Regulations prohibit the transmission of unsolicited marketing material. This previous interpretation by the ICO caused serious difficulties for marketers who wanted to send their messages to all Bluetooth enabled handsets, since the technology did not distinguish between those people who had consented to receiving such marketing and those who had not.

However, the ICO has made a significant u-turn in its stance on the matter. It has stated that the Regulations only apply to messages sent over a public electronic communications network and that, contrary to its previous guidance, it now considers that Bluetooth messages do not fall into this category.