Significant progress made in spam texts investigation says ICO
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8
December 2011
‘Significant
progress’ has been made in identifying those responsible for sending
spam texts, the Information Commissioner’s Office (ICO) said today. The
update comes as figures from the ICO’s consumer survey show that 95% of
people find spam texts either inconvenient, concerning or distressing.
The ICO’s
investigation into accident claim spam texts and other similar messages
began in early 2011. The ICO has since been working with other bodies
including the Ministry of Justice, Ofcom, the OFT, the Direct Marketing
Association and mobile phone networks to try to identify the people
behind them.
Enquiries by the
ICO established early on that the messages are being sent from
unregistered pay as you go SIM cards. Telecommunications providers have
worked to trace the locations from which large clusters of messages are
being sent. So far, the ICO has executed one search warrant and has
plans to carry out more. Visits have also been carried out at a number
of locations.
Investigators have
also met with various lead generation and claims management companies
to ask them where they are obtaining their customer data from. All of
the companies are insisting that that the information they receive has
been – as far as they are aware – obtained lawfully.
A separate strand
of work relating to insurance companies’ general handling of personal
data also began in June 2011 following a complaint made by Jack Straw
MP. As part of this, the ICO has asked all of the major insurers to
undergo an audit of their data protection practices. So far three
companies have agreed and others are considering the offer.
Commenting on the
investigation so far, Director of Operations, Simon Entwisle, said:
“Significant
progress has been made in tracking down who is responsible for sending
these nuisance messages. We’ve raided one office, visited various
others and are still actively working with mobile phone networks to
trace various locations. We’ve also been doing some important work to
engage with insurance companies and are pleased that some of them are
willing to undergo a data protection audit. We continue to work to
encourage more of these companies to open their doors to us.
“This is an
ongoing challenge; we have a good idea about who is behind the messages
and we continue to gather evidence to enable us to take enforcement
action. So far these individuals have managed to cover their tracks but
we’d encourage anyone with information to come forward.”
The ICO also today
published the results of its spam text survey. Over 1,000 people
responded to give details of the messages they were receiving. Of the
1014 respondents, 681 people said that receiving a text caused them
concern. They felt troubled about why they had received the text and
how their details had been obtained. 205 people said that it was
inconvenient, while 61 respondents said the text had caused them
substantial damage or distress.
Almost half of
respondents took the opportunity to describe how they felt about the
messages. The texts were described as ‘sinister’ and ‘an unwanted
nuisance.’ Those sending them were termed ‘vultures’ and accused of
‘fraud’ and ‘data gathering by deception.’ A selection of the comments
and stories that individuals submitted can be found on the ICO’s
website here: http://www.ico.gov.uk/news/current_topics/spam_text_survey_comments.aspx
Simon Entwisle
continued:
“There is also
clearly a lot to be gained in raising public awareness about these
messages. People need to realise that the numbers are randomly
generated and that they shouldn’t respond, even when encouraged to text
back ‘stop.’ One particular concern is the distress these texts may be
causing to vulnerable people. Our survey has shown that 12 people found
the texts helpful and had used the service it offered - unfortunately
that may be enough incentive for the individuals behind this to carry
on sending them.”
The most prevalent
spam texts related to accident compensation claims with 794 of the
survey’s respondents having received one. The survey also found that
439 people had received a payment protection insurance text and 360 had
received a debt settlement text.
The spam text
survey will continue as it has given the ICO valuable insight into the
effect the messages have had on people. It can be found on the website
here: http://www.snapsurveys.com/swh/surveylogin.asp?k=131644621878
Sending an
unsolicited message – otherwise know as a spam text – breaches the
Privacy and Electronic Communications Regulations (PECR), which the ICO
is responsible for regulating. The ICO can serve a monetary penalty of
up to £500,000 in the most serious cases. Further information can be
found here:
http://www.ico.gov.uk/for_organisations/guidance_index/~/media/documents/library/Privacy_and_electronic/Practical_application/guide_to_privacy_and_electronic_communications.ashx
Further
information on spam texts – including what people should do if they
receive one – is available on the ICO’s website here: http://www.ico.gov.uk/for_the_public/topic_specific_guides/marketing/texts.aspx
If you need more
information, please contact the ICO press office on 0303 123 9070 or
visit the website at: www.ico.gov.uk.
Notes
- 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.
- The ICO is on Twitter, Facebook
and LinkedIn,
and produces a monthly e-newsletter.
Our For the
media page provides more information for journalists.
- 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
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate and up to date
- Not kept for longer than is necessary
- Processed in line with your rights
- Secure
- Not transferred to other countries without adequate
protection
