Information Commissioner gets tough!
Written by Michael Coyle on 05 January 2015« Return to Reading Room
For many the unwanted blight of daily phone calls is a real nuisance and a repeated complaint from the recipients of these calls is that the penalties and or response from the Information Commissioner are inadequate.
Whilst we have the legilsation in place ie the Privacy and Electronic Communications (EC Directive) Regulations 2003 (2003 Regulations), as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (2011 Regulations) regulate how organisations can carry out direct marketing and govern the issue of live unsolicited marketing calls. The IC has the enforcement powers by virtue of Section 55A to 55E of the Data Protection Act 1998 (DPA).
This enables the IC to impose a Monetary Penalty Notice (MPN) ( maximum £500,000) on a data controller who seriously contravenes the Data Protection Act 1998 and the abuse is likely to cause substantial damage or substantial distress.
A list of MPNs that the IC has issued can be found at https://ico.org.uk/action-weve-taken/enforcement/?facet_type=Monetary+penalties&facet_date=&date_from=dd%2Fmm%2Fyyyy&date_to=dd%2Fmm%2Fyyyy
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