The Information Commissioner has ruled that bluetooth marketing isn’t subject to the Privacy and Electronic Communications Regulations 2003 and that marketers no longer need to get an opt-in before they send messages over bluetooth.

His ruling is here and the IPA guidance on the implications are here.

Essentially this ruling removes the legal protection people have from unsolicited bluetooth marketing messages, but that doesn’t mean that good sense shouldn’t be applied. Unwelcome messages have a negative effect on the recipient from a marketing perspective, so responsible advertisers are unlikely to descend into bluetooth spamming as a result of this ruling.

The IPA also pointed out that messages need to be suitable for all ages, especially since a greater proportion of under 18s probably leave their bluetooth on than is the case in the rest of the population.