Data Protection Amendments Will Strengthen Powers To Take Action On Nuisance Calls

Wake Smith Solicitors 02 March 2015

Changes to the Data Protection Act 1998 will take effect from the 6 April 2015.   This will strengthen the Information Commissioner's powers with regard to nuisance phone calls, texts and emails. This has followed a period of public consultation as a result of the Tetrus case last year. Mr Niebel, the owner of Tetrus, sent hundreds of thousands of unlawful text messages. He was fined £300,000 but this was overturned as the wording of the Act referred to causing 'substantial damage or substantial distress'. This is a high test and so he escaped the penalty. The removal of that threshold test will make it easier for the ICO to crack down on this type of direct marketing. Consumer organisations are recommending that as a result consumers do take steps to report these nuisance direct marketing communications to the ICO as more can now be done about punishing the offenders. For futher information please contact Holly Dobson on 0114 266 6660 or at [email protected]

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