The Fundraising Regulator has published a list of 36 charities that, as of 3 September, had not logged on to the Fundraising Preference Service (FPS) charity portal to access requests from the public to stop communications.
Under the Data Protection Act 2018, individuals have the right to object at any time to use of their personal data for marketing purposes: a right that is also reflected in the Code of Fundraising Practice.
When a request is made through the Fundraising Preference Service to stop communication from a charity, the service automatically emails the charity’s contact on the Charity Commission’s Register of Charities. The email says that someone from the charity must log in to a charity portal to collect the request, to action it and stop contacting the individual.
If charities don’t action a request from the service within 28 days, they are in breach of section 5.7 of the Code of Fundraising Practice, which states that organisations must either cease within a reasonable period (as is practicable, but not exceeding 28 days) or not begin to process an individual’s personal data for the purpose of direct marketing whether they receive such a request.
The Regulator states that it has tried working with the named charities but with no response. As a result, it has decided to publish their names, and to refer them to the Information Commissioner and the Charity Commission.
It will now publish an updated list each month.
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