Public support helps ICO punish nuisance callers
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News Release 20th May 2014 - ICO
Two companies have been warned
that they are set to face fines totalling £140,000 for breaching
electronic marketing rules.
A Yorkshire direct marketing
firm was linked to thousands of nuisance marketing calls by the ICO.
The company was identified after members of the public made over 630
reports to the ICO and the Telephone Preference Service after receiving
calls, despite opting out of receiving marketing calls.
Meanwhile, a Devon PPI Claims
company faces a similar penalty for prompting over 600 reports from the
The two companies have one
month to provide evidence proving they were not responsible for making,
or initiating, the calls. If no evidence is provided, the final
penalties will be served and the companies’ details, along with
information about their illicit activities, will be released.
ICO Head of Enforcement,
Stephen Eckersley, said:
“Quite simply, today’s action
would not have been possible without the support of the general public.
By raising their concerns with us they have provided the ICO with
important leads that we have then been able to investigate and pursue,
leading to today’s action.
“We believe we have a strong
case against both companies, but the law requires them to be given the
opportunity to reply to the evidence we have presented. If they are
unable to prove that they were not responsible for pestering the public
with unwanted calls, then they will face the consequences of their
Under the Privacy and
Electronic Communications Regulations, companies carrying out marketing
calls must not ring a person registered with the Telephone Preference
Service unless they have subsequently provided their consent. They
should also not contact anyone who has previously told the company not
to contact them.
The ICO advises anyone who
continues to receive calls after this time, to report the matter to the
Preference Service, or directly to the ICO using
reporting tool. The information provided is
used to identify and punish those companies responsible for breaching
The ICO has also published detailed
companies carrying out marketing explaining their legal
requirements under the Data Protection Act and Privacy and Electronic
Communications Regulations. The guidance covers the circumstances in
which organisations are able to carry out marketing over the phone, by
text, by email, by post or by fax.
The ICO’s Director of
Operations, Simon Entwisle, published a
blog yesterday providing
the latest update on the ICO’s work to tackle nuisance calls and spam
If you need more information,
please contact the ICO press office on 0303 123 9070 or visit the
website at: www.ico.org.uk.
- The Information Commissioner’s
Office upholds information rights in the public interest, promoting
openness by public bodies and data privacy for individuals.
- The ICO has specific
responsibilities set out in the Data Protection Act 1998, the Freedom
of Information Act 2000, Environmental Information Regulations 2004 and
Privacy and Electronic Communications Regulations 2003.
- Anyone who
processes personal information must comply with eight principles of the
Data Protection Act, which make sure that personal information is:
- Fairly and lawfully
- Processed for
- Adequate, relevant
and not excessive
- Accurate and up to
- Not kept for longer
than is necessary
- Processed in line
with your rights
- Not transferred to other
countries without adequate protection
About the Author
The Information Commissioner’s Office is the UK’s
independent authority set up to uphold information rights in the public
interest, promoting openness by public bodies and data privacy for
individuals. We do this by promoting good practice, ruling on
complaints, providing information to individuals and organisations and
taking appropriate action when the law is broken.
The ICO enforces and oversees the following
- Data Protection Act 1998
- Freedom of Information Act 2000
- Privacy and Electronic Communications
- Environmental Information Regulations
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Article Published/Sorted/Amended on Scopulus 2014-05-21 11:38:15 in Business Articles
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