Controversial mobile database received data watchdog clearance

by Noelle McElhatton, marketingdirectmag.co.uk 10-Jun-09, 12:24

LONDON - The company behind a new directory of 15m mobile numbers has been forced on the defensive after negative media stories saying the service threatened consumer privacy.

Connectivity, the company behind the launch of online directory 118 800, told the BBC this morning that it had received a thumbs-up from the Information Commissioners Office ahead of its launch next week, and that consumers could withdraw their number from the directory if they wished.

The ICO confirmed this, stating that the service complied with the Data Protection Act (DPA) and Privacy and Electronic Communications Regulations (PECR) because people are connected only when the recipient agrees to take the call following a text message, and without divulging their number.

But the launch of the service has provoked a media backlash, with articles in the Daily Mail and the Independent focusing on the likely privacy fears of those on the 118 800 database.

Connectivity says it compiled the 15m numbers using list brokers and data vendors, mobile lists sold by online businesses collecting opted-in phone numbers, as well as market research firms.

The ICO said that Connectivity had sought its advice prior to launch. "We made it absolutely clear to Connectivity that they should not use numbers where there was any doubt about whether the consumer was happy for their information to be used in this way.

"Connectivity is aware that the law requires them to remove any numbers relating to consumers who request that their information is removed from the directory service. Opting out of the service should be made as easy as possible for anyone who does not want their details to be used for the directory service."

The company has not specified whether any DM high-volume data vendors are involved in supplying mobile data to 118 800. Acxiom and DLG could not be contacted as this story went to press and a spokesperson from Experian said he believed it was not involved.

The big question with any new service like this is the legality of the source data, said Caroline Kimber, head of data planning at agency Stephens Francis Whitson. 118 800 claim that all data is opted in and I would have expected them to have trawled through all the opt in statements of the source data in detail to determine whether or not the data could be used.

Assuming that the opt-in statements are suitably acceptable, I think the additional processes they have set up seem very sound – opting out appears easy and the double verification of checking with the searched person is good.

The process appears very similar to e mail appending. The same concerns were raised when email appending services were launched, but they have proved unfounded.

As long as the data has been sourced responsibly and legally, then this looks like a good service for both consumers and the DM industry."

The service will cost £1 for anyone searching for a number by typing the name and location of the person into the 118800 website.

Nigel Evans MP, the Conservative chairman of the All Party Group on ID Fraud, told the Daily Mail that the emergence of the new service as 'shocking' and 'depressing'.
People feel that their mobile phone number is very private to them and should not be traded for profit…[they] will be infuriated if they find they are bombarded with calls from people they don't want or expect to hear from. It is a clear invasion of privacy.
Tony Coad, business development director at data seller PDV, questioned whether the service’s matching technology would deliver correct mobile numbers, if postcode were missing.

He also believed businesses are not likely to use the directory because of the text prior to a consumer accepting a call. Consumers may use it but I doubt businesses will, because consumers won’t respond voluntarily to commercial messages from Joe Bloggs Double Glazing, he said.

Comments

LYNN STEVENS - 10/06/2009

I very much doubt that the people on the 118800 database have opted in to being in a directory of mobile telephone numbers, it's probably much more likely that they have agreed to receive marketing calls on their mobile. Personally I think there's a whole world of difference between marketing phone calls \(which are generally made to hundreds or thousands of people with the nature and content of the call approved by the list owner) and a call made from individual targeting another. I haven't yet heard any mention of TPS but would assume that the 118800 directory will be screened against the TPS list and so it should be. If, however, there is any abuse of this service or individuals are being bombarded with calls then we can expect TPS volumes to increase yet again as consumers start adding their mobile numbers in their millions. There is no breach of privacy rules as the mobile number is not passed on but the system is open to abuse. If I receive a text saying that an individual has been trying to call me how do I know that the individual is, in fact, who they claimed to be? My main concern is whether this could be abused by people trying to contact children and other vulnerable groups. Lynn Stevens Managing Director Lloyd James Group Ltd

David Murphy - 10/06/2009

In fact, the Information Commissioner's Office does not seem to think TPS is relevant to 118 800. We followed up Noelle's story on Mobile Marketing Magazine \(www.mobilemarketingmagazine.co.uk) and managed to speak to the company behind 118 800, Connectivity. They seem to have been caught totally unprepared by a journalist discovering the site ahead of the launch next week and they can't say whether people realised their mobile numbers were going to be passed/sold on, but say they can tell everyone on the database where they got their number from. David Murphy Publisher, Mobile Marketing Magazine

Dave H - 12/06/2009

It is quite interesting that the Daily Mail drew attention to this in a recent article \(above), as I am led to believe that they were the ones that sourced and supplied the data to Conectivity through their subsidiary, Data Media and Research company. The project and subsidiary are both run by the MD, Sara Watts, who sits on the DMA Board.

Richard Anderson - 12/06/2009

I concur with Lynn Stevens about the importance of seeing the Connectivity mobile database screened against TPS as well as ensuring children and vulnerable groups are protected from unsolicited calls. To this 'Do Not Call' list I'd also like to add the deceased. With over 570,000 deaths annually in the UK, this represents a chilling number of potentially intrusive and upsetting calls which will need to be fielded by grieving families. Whilst I'm pleased to hear that Connectivity's operation is DPA and PECR compliant, the relevancy of their datasets must be carefully scritinised. What purpose can holding the mobile numbers of children and the deceased have except to leave those individuals and families open to all manner of marketing ills? In my opinion, whilst legal, Connectivity's offering needs to be approached with extreme caution.' Richard Anderson, Business Development Director, REaD UK

Iain Lovatt - 12/06/2009

I wonder if people are viewing this as I am and I have some knowledge of this business through a working relationship with them. As far as I can see this is not a marketing channel but a connection channel. ie. It is used by consumers to connect with each other when they don't have the mobile phone number. They don't get the number and have to be pre screened by the recipient before a call can be accepted, just like the old directory enquiries system for ex directory numbers. I don't see this as intrusive as some of the commentators do and feel that our abuse for marketing purposes over the years of the 'free' services we had has left us with innovative people such as Connectivity coming up with new ways of providing useful services to consumers and businesses alike. I think that people will use it as intended and marketers won't. Given our cheap as chips 'more for less' mentality the £1 charge is enough to put us off using it as a marketing tool