WIREDGOV

A Blackburn company which pestered people with nuisance calls from a fake local number has been fined £20,000 by the Information Commissioner’s Office (ICO).

Dozens of complaints were made to the ICO about Advice Direct Ltd., trading as National Workers Office, which was marketing a service it said would help people claim damages for hearing loss caused by working in a noisy environment.

People disturbed by the calls said they had previously told the company not to call them or had registered with the Telephone Preference Service (TPS).

Andy Curry, Enforcement Manager at the ICO, said:

“This company has disobeyed the rules about making marketing calls and so we have acted. Other organisations should take note that there are laws around this type of marketing activity and they will face the consequences if they break them.

“People told us false and misleading statements were made about records held by the company which indicated that household members had worked in a noisy environment. Some of the callers also appeared to have given the false impression that the company was offering a government-backed scheme.”

Some individuals said they received multiple calls from Advice Direct on the same day and that some of the callers were abusive or threatening.

The company also used a dialler system to give the appearance the calls were coming from a local number.

The law says that if a company wants to make calls promoting a product or service to an individual who has a telephone number registered with the TPS, then that individual must have given their consent to that company to receive such calls. In addition, organisations must not make calls to individuals who have previously said they don’t want those calls.

The ICO has recently published updated guidance on direct marketing.

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 to ico.org.uk/concerns/