Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




BDFL - Memuneh
59053 posts

Uber Geek
+1 received by user: 10335

Administrator
Trusted
Geekzone
Subscriber

Topic # 77150 11-Feb-2011 09:34
Send private message

Just received:


The Department of Internal Affairs’ Anti-Spam Compliance Unit has introduced a web page recording enforcement action under the Unsolicited Electronic Messages Act 2007.

The unit investigates complaints about unsolicited commercial electronic messages in New Zealand, commonly referred to as spam and alleged breaches of the Act.  These messages can be sent by email, SMS (short message service), instant messaging and MMS (text and image-based mobile phone messaging). 

The Department has a range of enforcement options available under the Act including Formal Warnings, Enforceable Undertakings and Civil Infringement Notices.

When the Act took effect the Anti-Spam Compliance Unit used education to encourage organisations and individuals to comply with the new law.  This strategy yielded positive results and, through its communications and investigations, the Department continues to establish a “compliance history”.  

The Department has moved to a strategy of issuing a written formal warning when an investigation identifies a breach of the Act. The Department considers this to be a pragmatic and sensible approach to enforcement.  

A written formal warning to an organisation or individual carries no financial penalty and the recipient is also provided with information regarding future compliance with the Act.  

Very few organisations and individuals issued with a formal warning have breached the Act again.  If the Department receives further complaints regarding the same entity then any previous compliance activity is then taken into consideration in any further investigation.

A Formal Warning is issued under Section 23 of the Act.  A formal warning may be issued after an investigation has been conducted and a breach of the Act has been identified.  All of the evidence and information gathered as a result of the investigation is analysed and considered in the decision making.

The formal warning, when issued to an individual or organisation, comes in the form of a letter outlining the details of the events or actions that have occurred.  The issuing of a formal warning does not affect the Department’s ability to consider or impose other appropriate sanctions under the Act.         

An Enforceable Undertaking is issued under Section 34 of the Act.  The Department may accept a written undertaking from a person in connection with commercial electronic messages, address harvesting software or harvested address lists.  The undertaking is accepted on the basis that the person agrees that they will not engage in future conduct that may again breach the Act.  If a person subsequently breaches one or more of the terms of the undertaking then the Department may apply to the court for an order (enforcement of undertakings). 

Civil Infringement Notices are issued under Section 24 of the Act.  A civil infringement notice is issued after an investigation has been conducted and a breach of the Act has been identified.  A civil infringement notice carries with it a financial penalty for the identified breaches which have occurred under the Act (Civil Liability Events).

The Department makes decisions case-by-case considering all the circumstances and facts associated with an investigation.  Other enforcement options are available under the Act when conducting investigations.

Information about the Department’s compliance activities can be found at Enforcement Action.


Interesting list of formal written warnings there...

 




Create new topic
1816 posts

Uber Geek
+1 received by user: 51

Trusted

  Reply # 438194 11-Feb-2011 10:03
Send private message

That's interesting and wow The Warehouse got a warning in Jan of this year.

396 posts

Ultimate Geek
+1 received by user: 73


  Reply # 438202 11-Feb-2011 10:11
Send private message

We spent a considerable amount of time developing policies and procedures prior to the introduction of this act. Maintaining compliance with this act can be costly, but non-compliance could be even more costly, and irreparably damage a company's brand.

 
 
 
 


Juha
1318 posts

Uber Geek
+1 received by user: 5

Trusted
Subscriber

  Reply # 441649 20-Feb-2011 13:07
Send private message

Having kept an eye on the "Brothers in Spam", Shane and Lance Atkinson, and Brendan Battles I sometimes wonder how much they forced the hand of the government in creating the anti-spam law. It did take a while though.




536 posts

Ultimate Geek


  Reply # 441663 20-Feb-2011 14:32

Renaissance (aka Magnum Mac) got a warning in Dec last year.

Pretty poor from these big companies.

854 posts

Ultimate Geek
+1 received by user: 125


  Reply # 441967 21-Feb-2011 15:53
Send private message

maknz: Pretty poor from these big companies.


A very valid point, and something I was shocked by when I started getting a lot of contact e-mails from One Path after the brand changed, after getting daily, un-subscribable e-mails, I reported them to the DIA, got a very positive response, and they stopped. Looking at the list I notice "National Bank" got a warning in November, which ties in, so it may be something along that line (as it would have been from a NBNZ database).

The fact that the DIA are doing such a good job, is a great thing though.

Create new topic



Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

UFB killer app: Speed
Posted 17-Nov-2017 17:01


The case for RSS — MacSparky
Posted 13-Nov-2017 14:35


WordPress and Indieweb: Take control of your online presence — 6:30 GridAKL Nov 30
Posted 11-Nov-2017 13:43


Chorus reveals technology upgrade for schools, students
Posted 10-Nov-2017 10:28


Vodafone says Internet of Things (IoT) crucial for digital transformation
Posted 10-Nov-2017 10:06


Police and Facebook launch AMBER Alerts system in NZ
Posted 9-Nov-2017 10:49


Amazon debuts Fire TV Stick Basic Edition in over 100 new countries
Posted 8-Nov-2017 05:34


Vodafone VoIP transition to start this month
Posted 7-Nov-2017 12:33


Spark enhances IoT network capability
Posted 7-Nov-2017 11:33


Vocus NZ sale and broadband competition
Posted 6-Nov-2017 14:36


Hawaiki reaches key milestone in landmark deep-sea fibre project
Posted 4-Nov-2017 13:53


Countdown launches new proximity online shopping app
Posted 4-Nov-2017 13:50


Nokia 3310 to be available through Spark New Zealand
Posted 4-Nov-2017 13:31


Nest launches in New Zealand
Posted 4-Nov-2017 12:31


Active wholesale as Chorus tackles wireless challenge
Posted 3-Nov-2017 10:55



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.