Nuisance calls are a modern scourge and direct marketing organisations that work the phones in breach of the rules can expect to be hit hard in the pocket. A double-glazing company found that out to its cost after its activities generated a welter of complaints to the Information Commissioner's Office (ICO).

The company's personnel had, over an 11-month period, made almost 850,000 calls. More than 60 per cent of them were to property owners who had registered with the Telephone Preference Service (TPS), thus indicating their unwillingness to receive unsolicited marketing calls.

The ICO launched an investigation after 83 complaints were received from members of the public. One householder was greatly upset when a salesman asked to speak to his mother, who had been dead for nine years. Another said that a salesman did not appear to have even heard of the TPS and a third that she had been called again half an hour after requesting that she be left alone.

In ruling on the matter, the ICO noted that, in order to generate leads, the company relied on doorstep canvassing and purchased data, much of which was out of date. The data had not been checked against the TPS register and, given the number of calls, the complaints received were likely to represent the tip of the iceberg. The breaches of the Privacy and Electronic Communications (EC Directive) Regulations 2003, whilst not deliberate, were negligent and serious.

In the circumstances, the ICO used its powers under Section 55A of the Data Protection Act 1998 to impose a £150,000 financial penalty. The company had a right of appeal against the decision to the First-tier Tribunal and the penalty would be reduced to £120,000 if paid within a month.

For advice on how to comply with your responsibilities under the Data Protection Act and other relevant legislation, please get in touch with Julian Milan on 0808 166 8827 or email your enquiry to j.milan@sydneymitchell.co.uk.

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