Directory Information Services and Products Consultative Paper

Comments submitted by the Consumers' Association Malta - March 2002
 

1.     We believe that the consultation exercises in which the Malta Communications Authority is engaging in are healthy for two reasons:        

1.1.  First, it is through such consultation exercises that consumers either individually or collectively would be able to put their views forward.  After all, such services are being created to satisfy the consumers' needs.

1.2. Secondly, in an area, which is highly technical in nature, it is important that the language used should be simple so as the arguments raised in the consultation would be understood by a normal consumer.  This document is such an example.

2.    Re. 3.2.3    we agree to the proposal that mobile operators should as a requirement collect the identity of all their network users including the pre-paid subscribers.

3.    Re 4.1 we agree to a call completion service, as this would enable all subscribers to reach all subscribers.  However, there should be measures so as to restrict the possibility of any agreement between the service provider and the subscriber whereby the latter would be placed in an advantageous position if one accepts the service.  Otherwise, subscribers would be pulled into becoming ex-directory subscribers with the consequence that the toll for the telephone service would, on average, increase.  If more subscribers accept a call completion service, those supplying it would be at an advantage, as the market would have increased.  If anything, it is the ex-directory subscribers who should pay for the service as the call completion service is providing them with the protection they seek.

4.    Re 4.2 the directory, including any electronic version, should include the Customer Charter in force.  This Charter should be indexed.

We believe that consumers should be given a choice if they would prefer a printed or an electronic version.   The latter has a much more positive impact on the environment than the former.  Consumers should also have the option to download the directory.

5.    Re 4.4.1   the charges should become in force only once the new telephone directory is published.  The Consumers' Association - Malta, believes that these charges should not be applicable to identified social groups that fall within Section 38 of the Telecommunications Services (General) Regulations.

6.    Re 5.1 Ex-directory subscribers have an advantage over others in that they have the facility to contact all those listed at ease without any inconvenience or cost while the rest of the consumers cannot contact them.    Subscribers who would want to opt for the ex-directory status should satisfy established criteria, which should not include marketing.  Once they satisfy the established criteria, the service providers should respect the consumer's choice. 

There still remains the problem of marketing.  It is here that consumers should have the right to indicate that the information provided in the directory cannot be used for marketing purposes.  This could easily be indicated by some mark near the name of the subscriber. 

However, protection to consumers, who do not wish to have the information used for marketing, should be provided.  If a consumer lodges a complaint about some firm, the onus should be on the firm to prove that it acquired the information from another source.  Heavy penalties, amongst them the withdrawal of any telephone service for a period of time, should be considered.

It is only in such a way that the consumers' rights to information and privacy are balanced. 

7.   Re 5.2 we agree that a Directory information Services Code of Practice should be established as this would help establish the balance mentioned in the previous point.  This Code of Practice should take care of the possibility of use of the information for research purposes, other than marketing. 

8.   Re 6 we agree that vulnerable groups should be treated differently.  We urge the Authority to be more specific.  This could be achieved through consultation with NGO's in this area. 

9.   Re 6.2 the only problem with such a Forum is that it could turn into a talking shop.  We suggest that time limits should be established. 

10.  Re 7 we believe that the Authority, once it has collected the data, should publish it.  This should be accompanied by a commentary and interpretation in simple language.  Such an exercise should also be seen as part of an educational campaign. 

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