WIREDGOV

Passing off nuisance calls as legitimate market research “will not wash”, the ICO’s head of enforcement said recently.

Steve Eckersley’s warning came as the ICO issued a stop order against a company that falsely claimed it was phoning people as part of a lifestyle survey – a practice known as “sugging”.

Bolton-based Change and Save Ltd asked people when they had made or last updated their will. It maintained it was allowed to call people who were registered with the Telephone Preference Service because its survey was not subject to direct marketing rules.

But an ICO investigation, sparked by 254 complaints, found that the calls went on to promote will-writing, funeral and legal services. This was direct marketing so Change and Save Ltd did break the rules when it phoned people registered with the TPS.

Mr Eckersley said:

“Firms trying to avoid direct marketing rules will be quickly found out – people spot a nuisance call when they get one. We know this because people complain to us. Trying to disguise a nuisance call as a survey or market research simply will not wash.”

The ICO has imposed a legally binding enforcement notice on Change and Save Ltd banning it from “sugging”. If it does not comply with the stop order, the firm will face prosecution.

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/.