WIREDGOV

The Information Commissioner’s Office (ICO) has yesterday confirmed that it is set to issue two monetary penalties totalling well over £250,000 to two illegal marketers who have been responsible for distributing millions of spam texts.

The ICO has written to both individuals to confirm that the ICO intends to issue both of them with a monetary penalty for breaching the Privacy and Electronic Communications Regulations (PECR), which regulate electronic marketing.

The recipients have 28 days to respond and prove that they were complying with the law otherwise final penalty notices will be issued.

Commenting on yesterday’s announcement, Simon Entwisle, Director of Operations said:

“The public have told us that they are increasingly concerned about the illegal marketing texts and calls. These are often made by rogue companies claiming to offer pay outs for accidents a person has never had or PPI claims that they are not necessarily entitled to.

“While companies can phone people to sell them the latest product or service, the law states that individuals should not receive unsolicited texts or automated marketing calls unless they have given their permission. We know many companies are failing to do this and two individuals responsible for sending millions of illegal marketing messages are now facing six figure penalties unless they can prove otherwise.

“It would be inappropriate to provide further comment until both individuals have had the opportunity to reply, but we are already working to identify other individuals and companies involved in these unlawful practices.”

Simon Entwisle further discusses the ICO’s work in this area in his new blog, 'Illegal marketing clampdown begins as spam texters set for six figure fine'.

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. Anyone who carries out electronic marketing must comply with the Privacy and Electronic Communications Regulations (PECR). The Regulations state that individuals should not receive unsolicited texts or automated marketing calls unless they have given their permission.

4. Ofcom today has also published an in-depth guide for consumers on how to protect themselves against nuisance calls and messages and how to make a complaint.  The guide, which has been written in collaboration with the ICO and other regulatory bodies and endorsed by consumer groups including Citizens Advice, Consumer Focus, and National Consumer Federation, is available to download now.

5. The ICO is on Twitter, Facebook and LinkedIn. Read more in the ICO blog and e-newsletter.

6. For more information, please contact the ICO press office on 0303 123 9070.