People can use the Fundraising Preference Service to stop direct marketing communications from charities they do not want to hear from. If a charity gets a message informing them that a person has made an FPS request, they should act to respect their wishes.
Since the service was launched, over 2,322 charities have set themselves up on the FPS secure charity portal, to ensure that they do not send direct marketing communications to people who have made an FPS request. If you are a charity and wish to access the portal, click here for more information.
However, some charities are breaching the Code of Fundraising Practice by failing to access and action these requests to stop communication.
When are charities considered in breach of the code?
The Data Protection Act 2018 gives a person the right to object at any time to use of their personal data for marketing purposes. This right is also reflected in the Code of Fundraising Practice, which sets the standards for UK fundraising.
If a charity does not take action to stop direct marketing communications within 21 days of receiving an FPS request, they are in breach of the terms and conditions of the FPS. If they fail to act further, within 28 days of receiving an FPS request, we consider them in breach of section 3.2.5 of the code and we will take regulatory action.
What regulatory action will you take?
If a charity repeatedly ignores reminders to action the FPS request, a final letter is sent to the Chief Executive and Chair of Trustees of the charity from our Chief Executive. This letter clearly warns the charity that we
- consider them to be in breach of section 3.2.5 of the code and will name their organisation publicly on our website as non-compliant
- may notify the Information Commissioner's Office of a potential breach of the Data Protection Act 2018
- may notify the Charity Commission for England and Wales and/or Northern Ireland that we consider that their failure to take action and respond us, to be a potentially serious governance issue
Which charities have breached the code in relation to FPS?
This is a list of charities that are in breach of the code because they have not logged on to the Fundraising Preference Service charity portal to access requests from the public to stop communication. The list below displays the charity name, registered charity number and date of first FPS request.
As of 1 September 2021, 23 requests haven’t been accessed by 12 charities.
- Friends of Saint Theresa’s (Registered charity no. 1058253). Date of first FPS request: 11/04/21.
- International Children’s Care (UK) (Registered charity no. 1099151). Date of first FPS request: 08/03/20.
- Indonesian Humanitarian and Social Aid Network (Registered charity no. 1110909). Date of first FPS request: 05/10/19.
- Animal Aid and Advice (North London Group) (Registered charity no. 1036940). Date of first FPS request: 12/06/19.
- Meningitis Help (Registered charity no. 1090505). Date of first FPS request: 10/12/18.
- Hope Africa (Registered charity no. 1103478). Date of first FPS request: 24/08/18.
- Mrs Mary Olivia Saffery Turner for Ecclesiastical Purposes in Connection with the Church of England (Registered charity no. 291059). Date of first FPS request: 18/11/17.
- Sudan Famine Relief Trust (Registered charity no. 1009200). Date of first FPS request: 16/07/17.
- Dovetales International Trust (Registered charity no. 1016673). Date of first FPS request: 13/07/17.
- Salicaf Foundation (Save The Life of Children in Africa Foundation) (Registered charity no. 1167191). Date of first FPS request: 09/07/17.
- The Truro Community Property Trust (Registered charity no. 1136731). Date of first FPS request: 06/07/17.
- Overseas Mission Christian Fellowship Limited (Registered charity no. 298835). Date of first FPS request: 06/07/17.