Fundraising Regulator Statement on the commencement of soft opt-in
The charitable purpose soft opt-in provision of the Privacy and Electronic Communications Regulation (PECR) has come into force today, the Information Commissioner's Office (ICO) has announced.
The ICO is currently in the process of finalising its guidance on the safe and responsible use of charitable soft opt in following its public consultation last October. The guidance will be published on the ICO website in the coming weeks.
Until the ICO publishes its guidance, it is uncertain how soft opt-in will apply in practice to charities, particularly in more complex situations. We strongly advise charities to approach the use of soft opt-in now with caution until ICO guidance is available. This is to avoid inadvertently using the provision unlawfully and being in breach of the Code of Fundraising Practice (‘the code’).
We remind all charities that the code requires that "fundraising must be legal, open honest and respectful" (rule 1.1.1) and "you must act reasonably and carefully in all matters relating to fundraising"...including "making sure your fundraising keeps to data protection requirements" (rule 2.1.1).
In the meantime, the ICO has published draft policy positions on the new provision and the Fundraising Regulator’s blog on balancing opportunity with caution also provides some useful background reading for charities. Once the ICO has published its own guidance the Fundraising Regulator will be producing guidance specifically aimed at the use of charitable soft opt-in fundraising.
The introduction of soft opt-in represents an opportunity for charities to strengthen relationships with supporters and potentially facilitate greater fundraising. However, as these opportunities get underway, charities must avoid using charitable purposes soft opt-in in ways that could damage public trust in charitable fundraising.