The Information Commissioner’s Office (ICO) has imposed a penalty of £70,000 on the airline Flybe Limited (Flybe) after finding that the firm had sent more than 3.3 million marketing emails to individuals who had opted out of receiving such communications. Flybe sent individuals an email entitled “Are your details correct?” and instructed the recipients to update their marketing preferences. The email also advised recipients that by updating their marketing preferences they could be entered into a prize draw. According to the ICO report, Flybe knowingly sent the emails to individuals who had opted out of marketing communications on the basis that they were carrying out a data cleansing exercise. The ICO found that Flybe had contravened regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) by instigating the transmission of more than 3.3 million unsolicited marketing emails to individuals. The ICO also noted that emails or texts sent for the purpose of obtaining consent to future marketing messages constituted marketing messages of themselves, meaning that consent to such communications is required. In imposing the monetary penalty on Flybe, the ICO expressed the intention that it would act as a deterrent against non-compliance with the PECR and an incentive for businesses to ensure that they only send marketing communications to individuals who have consented to the receipt of marketing. This case should be viewed as a cautionary tale for companies seeking to update their marketing databases in preparation for the General Data Protection Regulation coming into force.