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www.ico.gov.uk
News release: 28 November 2012
The Information Commissioner’s Office (ICO) has today served monetary penalties totalling £440,000 on two owners of a marketing company which has plagued the public with millions of unlawful spam texts over the past three years.
This is the first time that the ICO has used its power to issue a monetary penalty for a serious breach of the Privacy and Electronic Communications Regulations (PECR) since these powers were approved in January 2012.
The ICO is also currently considering issuing penalties to three other companies believed to be acting in breach of the regulations as the office continues its crackdown on the illegal marketing industry.
Information Commissioner, Christopher Graham, said:
“The public have told us that they are distressed and annoyed by the constant bombardment of illegal texts and calls and we are currently cracking down on the companies responsible, using the full force of the law.
“In March we set up a survey https://www.snapsurveys.com/swh/surveylogin.asp?k=134674895144 on the ICO website so people can tell us about any unwanted texts and calls they have been receiving. So far we have received over 60,000 responses. We know the majority of these messages and calls have been made by companies who try to remain anonymous in the hope they can profit by selling personal information to claims management companies and other marketing organisations. We are using the information provided by the public to identify those responsible.”
“The two individuals we have served penalties on today made a substantial profit from the sale of personal information. They knew they were breaking the law and the trail of evidence uncovered by my office highlights the scale of their operations.
“We will continue to work with the relevant authorities as well as the network providers to ensure companies like this are punished. We’re also working with the Ministry of Justice to target claims management companies who purchase this information breaching the industry regulations, the Data Protection Act, as well as electronic marketing regulations.
“Our message to the public is that if you don’t know who sent you a text message then do not respond, otherwise your details may be used to generate profits for these unscrupulous individuals. Together we can put an end to this unlawful industry that continues to plague our daily lives.”
Further information about the ICO’s investigation into Tetrus Telecoms can be found in the monetary penalty notices available on the ICO's monetary penalty notices page.
Further action
Niebel and McNeish are also facing prosecution from the ICO for failing to notify that Tetrus Telecoms was processing personal information. Notification is a legal requirement for organisations under the Data Protection Act punishable by a penalty up to £5,000 in the Magistrates Court, and a potentially unlimited fine in the Crown Court.
It is important that any company that has bought data from Tetrus or Niebel or McNeish in the past, now carefully checks that the proper customer consents have been obtained and that they are acting within the law. We are working with the Ministry of Justice to consider whether further enforcement action should be taken against any of these associated companies, including the cancellation of their authorisation to operate.
The ICO has set up a survey https://www.snapsurveys.com/swh/surveylogin.asp?k=134674895144 which people can use to send us the details of any unwanted marketing texts and calls.
The information provided is being used to help identify those companies responsible.
We are currently considering issuing penalties to three other companies for breaching the PECR. We are not identifying these companies now, as this could jeopardise our investigations and evidence gathering, however you can find out more about what action we are taking herehttp://www.ico.gov.uk/enforcement/action.aspx
http://whocallsme.com/Phone-Number.aspx/01623963789
www.ico.gov.uk
News release: 28 November 2012
The Information Commissioner’s Office (ICO) has today served monetary penalties totalling £440,000 on two owners of a marketing company which has plagued the public with millions of unlawful spam texts over the past three years.
This is the first time that the ICO has used its power to issue a monetary penalty for a serious breach of the Privacy and Electronic Communications Regulations (PECR) since these powers were approved in January 2012.
The ICO is also currently considering issuing penalties to three other companies believed to be acting in breach of the regulations as the office continues its crackdown on the illegal marketing industry.
Information Commissioner, Christopher Graham, said:
“The public have told us that they are distressed and annoyed by the constant bombardment of illegal texts and calls and we are currently cracking down on the companies responsible, using the full force of the law.
“In March we set up a survey https://www.snapsurveys.com/swh/surveylogin.asp?k=134674895144 on the ICO website so people can tell us about any unwanted texts and calls they have been receiving. So far we have received over 60,000 responses. We know the majority of these messages and calls have been made by companies who try to remain anonymous in the hope they can profit by selling personal information to claims management companies and other marketing organisations. We are using the information provided by the public to identify those responsible.”
“The two individuals we have served penalties on today made a substantial profit from the sale of personal information. They knew they were breaking the law and the trail of evidence uncovered by my office highlights the scale of their operations.
“We will continue to work with the relevant authorities as well as the network providers to ensure companies like this are punished. We’re also working with the Ministry of Justice to target claims management companies who purchase this information breaching the industry regulations, the Data Protection Act, as well as electronic marketing regulations.
“Our message to the public is that if you don’t know who sent you a text message then do not respond, otherwise your details may be used to generate profits for these unscrupulous individuals. Together we can put an end to this unlawful industry that continues to plague our daily lives.”
Further information about the ICO’s investigation into Tetrus Telecoms can be found in the monetary penalty notices available on the ICO's monetary penalty notices page.
Further action
Niebel and McNeish are also facing prosecution from the ICO for failing to notify that Tetrus Telecoms was processing personal information. Notification is a legal requirement for organisations under the Data Protection Act punishable by a penalty up to £5,000 in the Magistrates Court, and a potentially unlimited fine in the Crown Court.
It is important that any company that has bought data from Tetrus or Niebel or McNeish in the past, now carefully checks that the proper customer consents have been obtained and that they are acting within the law. We are working with the Ministry of Justice to consider whether further enforcement action should be taken against any of these associated companies, including the cancellation of their authorisation to operate.
The ICO has set up a survey https://www.snapsurveys.com/swh/surveylogin.asp?k=134674895144 which people can use to send us the details of any unwanted marketing texts and calls.
The information provided is being used to help identify those companies responsible.
We are currently considering issuing penalties to three other companies for breaching the PECR. We are not identifying these companies now, as this could jeopardise our investigations and evidence gathering, however you can find out more about what action we are taking herehttp://www.ico.gov.uk/enforcement/action.aspx
http://whocallsme.com/Phone-Number.aspx/01623963789
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