WIREDGOV

A compensation claims company that pestered people with nuisance calls has been ordered to stop by the ICO or face legal action.

Bury-based Central Compensation Office Ltd made calls to people who had not asked to receive them and were registered with the Telephone Preference Service (TPS). This is against the law.

The ICO launched an investigation after 190 people complained about being bothered by the calls between April and August 2015.

Andy Curry, ICO Enforcement Group Manager, said:

“When people sign up to the TPS it’s because they do not want to be bothered by companies phoning up and selling them things.

“People are right to complain when firms are not mindful of the rules.”

The company traded under the names Industrial Workers Office and National Advice Clinic.

The ICO has issued an enforcement notice requiring the company to stop calling people registered with the TPS. Failing to comply with the notice is a criminal offence, and could lead to legal action.

Notes to editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
2. The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act (FOIA) 2000, Environmental Information Regulations (EIR) 2004 and Privacy and Electronic Communications Regulations 2003.
3. The ICO can take action to change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit. The ICO has the power to impose a monetary penalty on a data controller of up to £500,000.
4. 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; and
   • not transferred to other countries without adequate protection.
5. The Privacy and Electronic Communications Regulations (PECR) sit alongside the Data Protection Act. They give people specific privacy rights in relation to electronic communications.
   1. There are specific rules on:
      • marketing calls, emails, texts and faxes;
      • cookies (and similar technologies);
      • keeping communications services secure; and
      • customer privacy as regards traffic and location data, itemised billing, line identification, and directory listings.
   2. We aim to help organisations comply with PECR and promote good practice by offering advice and guidance. We will take enforcement action against organisations that persistently ignore their obligations.
6. Civil Monetary Penalties (CMPs) are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the monetary penalty and/or the amount of the penalty specified in the monetary penalty notice.
7. Any monetary penalty is paid into the Treasury’s Consolidated Fund and is not kept by the Information Commissioner’s Office (ICO).
8. To report a concern to the ICO telephone our helpline 0303 123 1113 or go toico.org.uk/concerns/.