Bluetooth no longer protected by anti-spam laws

 

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By Simon Aughton

Posted on 8 Oct 2007 at 15:27

The Information Commissioner's Office (ICO) is to stop regulating the use of Bluetooth technology, which could lead to a wave of unsolicited marketing messages on mobile phones, according to reports.

The watchdog, which enforces the UK's Privacy and Electronic Communications regulations, says it does not believe that Bluetooth technology is covered by existing laws.

"A public electronic communications network means an electronic communications network provided wholly or mainly for the purpose of making electronic communications services available to members of the public," the ICO notes in a correspondence reported by the Outlaw website.

"Regulation 22 therefore applies to the sending of text messages or emails (which are both sent over a public electronic communications network, however, following consultation and consideration, we do not believe that this definition covers Bluetooth technology."

"Our guidance will therefore be updated to reflect the fact that we do not consider Bluetooth marketing falls under the provisions of Regulation 22 (and therefore does not fall under the Privacy and Electronic Communications Regulations)," it concludes.

Under previous guidelines, Bluetooth marketing had to be relevant to the organisation that was sending it, and users must have agreed to receive it. A cinema, for example, could send information on film releases if allowed by the customer, but would not be permitted to advertise goods and services not directly related to going to the movies.

Unwanted Bluetooth communications can easily be blocked by setting the device to "undiscoverable" or simply turning Bluetooth off, though this does mean compromising the device's functionality.