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An eye care company has been warned by the Information Commissioner’s Office to stop sending out nuisance text messages or face further action.

Over 4,600 people registered concerns about Optical Express (Westfield) Limited in just seven months reporting the unsolicited messages to the mobile phone networks’ Spam Reporting Service indicating they had not given permission for the company to use their details for marketing.

The Glasgow-based business which has branches across the UK had been sending out texts that included details of a competition to win free laser eye surgery.

Andy Curry, Enforcement Group Manager at the ICO said:

“Thousands of people who had not signed up for marketing services received these nuisance messages.

“We have issued this enforcement notice as a warning to the company that using people’s data without their consent is not acceptable. Any breach of the notice would be a criminal offence.”

It is a breach of the Privacy and Electronic Communications Regulations (PECR) to send text messages to people for marketing purposes without their prior consent, and anyone who receives an unsolicited text message should avoid replying and report the message using the survey available on the ICO website.

Spam texts can also be reported to the network operator by sending them, free of charge, to '7726'. The networks are also working to block the worst offenders.

The ICO has published detailed guidance for companies carrying out marketing - explaining their legal requirements under the Data Protection Act and the 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.

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 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.
3. The ICO is on Twitter, Facebook and LinkedIn. Read more in the ICO blog and e-newsletter. Our Press Office page provides more information for journalists.
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
• Not transferred to other countries without adequate protection