It is difficult to miss the irony of the ICO's first-awarded
fine for nuisance calls since taking over the Telephone Preference
Service (TPS), as reported in our earlier blog in December.
IT Protect Ltd., a Bognor Regis firm in the business of selling
a call-blocking device that purportedly stops unwanted marketing
calls, was fined Ł40,000 on 11 January by the ICO
for making nuisance calls. After more than 30 complaints were
received, the ICO investigated and found that IT Protect Ltd. had
been making unsolicited marketing calls for more than a year to
people registered with the TPS.
When confronted by the ICO, IT Protect Ltd. attempted to avoid
the fine by claiming that it had purchased a list of the phone
numbers from another firm, presumably attempting to pass blame on
to the makers of the list. However, by law, it is the
responsibility of the telephone marketing service to carry out
checks and ensure that it is not calling persons registered with
The ICO website states that "Companies
failing to screen against the TPS, who then call people without
consent, can expect enforcement action by the ICO."
With the transfer of the TPS to the ICO in December, the
complaint-handling and enforcement process is now "under one
roof," streamlining the process of tackling nuisance calls and
helping the ICO achieve its stated aim "to come down hard on
the law breakers and stop nuisance calls."
Businesses are therefore well advised to properly scrutinise any
marketing lists they acquire; otherwise, they may find themselves
on the receiving end of an unwelcome call...
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The fourth and final part of our mini-series on the draft ICO guidance on Consent, published on 2 March 2017, focuses on the practical impact the GDPR (General Data Protection Regulation) will have on how your organisation records and manages consent.
In light of the much anticipated ICO draft GDPR (the General Data Protection Regulation) Consent Guidance being published yesterday, 2 March 2017, we will be running a mini-series on the guidelines under consultation and the impact the GDPR will have on the much vexed position of consent and the impact on your business.
The first of our four discussions on the ICO guidelines for Consent will focus on the meaning of consent under the GDPR (General Data Protection Regulation) and how this change enhances the previous law on consent to data processing.
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