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Information Commissioner Office – enforcement action for nuisance calls and emails

Published 18 junio 2019

The ICO continues to focus on Data Subject Access Requests (DSARs) and marketing calls and emails.

The Leave.EU Group has received two fines (£45,000 and £15, 000), and Eldon Insurance Services Limited has been fined £60,000, for sending direct marketing emails without consent. The ICO has issued assessment notices to Leave.EU and Eldon Insurance Services Limited, and will now carry out an audit of their offices which will include reviewing their data protection practices and interviewing staff. The audit findings will be made public.

Alistair Green Legal Services Limited has been fined £80,000 for making nuisance calls to subscribers.

Investigations by the ICO into nuisance marketing have resulted in 16 company directors being banned from running a company for more than 100 years in total. The ICO has reached this key milestone by working in partnership with the Insolvency Service, referring evidence which can result in company directors being disqualified for up to 15 years. The PECR (Amendment) Regulations 2018 have the effect that the ICO now has powers to make company directors and other company officers (including the secretary, members and managers) personally liable for the fines imposed for illegal marketing. Individuals will no longer be able to hide behind the “corporate veil” by dissolving the company to avoid paying the fine, often called “Phoenixing”.

Authors

Jade Kowalski

London - Walbrook

+44(0)20 7894 6744

jkowalski@dacbeachcroft.com

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