Mar 222010
 
 March 22, 2010  Breaches, Business, Non-U.S.

The Information Commissioner’s Office (ICO) has served enforcement notices on SAS Fire & Security Systems Ltd and Direct Response Security Systems Limited after both companies breached the Privacy and Electronic Communications Regulations (PECR) by making unsolicited marketing calls.

The ICO received numerous complaints via the Telephone Preference Service (TPS) and individuals who had been contacted by the companies without prior consent. The complaints indicated that the companies had been making unsolicited marketing calls to individuals who had registered with the TPS or had previously asked for the companies not to contact them for marketing or promotional purposes. The ICO had previously advised the companies to stop making unsolicited calls. Despite the ICO’s advice, many individuals continued to receive such calls and the ICO and TPS received further complaints.

Sally-anne Poole, Head of Enforcement and Investigations at the ICO, said: “It is particularly concerning that despite repeated complaints the companies continued to ignore the privacy rights of individuals. Unsolicited marketing calls can be extremely annoying and disruptive, especially when you have made every effort to stop them and registered your preferences with the organisations contacting you. The ICO has produced clear guidance on how to conduct direct marketing in compliance with PECR and the Data Protection Act and will work with organisations to help them get it right. However, companies who flout the law and continue to target individuals with unsolicited marketing calls will face action from the ICO.”

The enforcement notices require SAS Fire & Security Systems Ltd and Direct Response Security Systems Limited to take steps to comply with PECR. Failure to comply with the enforcement notice is a criminal offence and could lead to prosecution. Both companies have a right to appeal within 28 days. Since issuing the enforcement notices, Direct Response Security Systems Limited has appealed the ICO’s enforcement action to the First-tier Tribunal (General Regulatory Chamber). This case will now be dealt with by the Tribunal.

A full copy of the enforcement notices can be downloaded here: http://www.ico.gov.uk/what_we_cover/privacy_and_electronic_communications/enforcement.aspx

Source: Information Commissioner’s Office

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