ICO to Crack Down on Nuisance Calls

We previously reported on Government plans to crack down on nuisance calls by providing the Information Commissioner's Office ("ICO") with powers to hold company directors directly responsible and liable to a fine of up to £500,000. The Government has recently announced that it will be amending the Privacy and Electronic Communications Regulations 2003 this Spring in order to introduce such powers.

This month also saw the ICO take over the running of the Telephone Preference Service ("TPS") which provides individuals with the ability to opt out of receiving telemarketing calls. The TPS was previous run by Ofcom. The Minister of State for Digital and Culture Matt Hancock commented that this move will "enable complaints arising from nuisance calls and faxes to be dealt with more quickly". It will also make it easier for the ICO to target and rogue cold callers in its battle to stop cold calling.

If an individual has signed up to the TPS but is still receiving nuisance calls they can report such nuisance calls to the ICO through the ICO's website. Last year, the ICO received around 140,000 reports of nuisance marketing, which shows the extent of the challenge it faces. It is likely we will see further developments in the coming months.

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.