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If there is then cause for concern, monitoring or interception may take place under the LBPR. Users of a system must be told of any monitoring and interception and it may only be carried out by the person with the right to control the lawful operation or use of a system. Any interception on a public system is a criminal offence, but under the LBPR the person who controls a private system is entitled to intercept on that private system as long as it is limited to communications by means of which transactions are entered into in the course of business or take place in the course of a business.
Do not record unverified or inadequate information. Do not allow staff to make marketing telephone calls or send marketing e-mails without having checked that your organisation is compliant with the appropriate rules. Ensure that you respond swiftly and professionally to any communications from the Information Commissioner’s Office. 50 APPENDIX: ABBREVIATIONS DPD EU Data Protection Directive of 1995 DPA Data Protection Act 1998 EEA European Economic Area EU European Union FOIA Freedom of Information Act 2006 LBPR Telecommunications (Lawful Business Practice) Interception of Communications Regulations 2000 MPS Mailing Preference Service PECR Privacy and Electronic Communications Regulations 2003 TPS Telephone Preference Service 51 ITG RESOURCES IT Governance Ltd.
Several countries have been accepted by the European Commission as offering equivalent protection. The European Commission is entitled to make such judgments under its powers under the DPD and all the member states of the EU must accept these rulings. The countries which have been named so far include Argentina, the Isle of Man, Guernsey, Jersey, Switzerland and Canada, 34 7: Transferring Data Overseas although Canada is not covered for all personal data. 16 The standard of selfregulation must meet the rules of Safe Harbor and the US company must validate that its behaviour complies with these standards.