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A number of recent Tribunal and ICO (Information Commissioner’s Office) decisions, which demonstrate the importance of the proper collection, use and protection of personal data, will be of particular interest to businesses that make use of third party marketing lists.

7506 complaints

In the first case, the Tribunal agreed with an ICO decision requiring a company to stop sending unsolicited marketing texts to a number of individuals whose personal data had been obtained by the company, under data supply agreements. The company used the data to send text messages to those individuals without their prior consent, resulting in 7506 complaints.

Penalty notice of £200,000

In another instance, the ICO issued a penalty notice for infringement for £200,000 to a company making automated marketing calls using data obtained without the prior consent of recipients, where the company staged a staggering campaign of over six million calls in just two months.

These decisions serve as a reminder that the use of personal data in direct marking will be carefully scrutinised. Companies must make rigorous checks on the provenance of data before buying/renting and the individuals whose data is collected must have been informed of how that data will be shared and stored, especially in relation to email and text message campaigns.

Direct marketing – the penalties for failing to comply

  • Serious fines and penalties
  • Criminal sanctions
  • Inability for the company to rent/buy future databases
  • Barring from trade bodies
  • Loss of commercial reputation

Data Protection – expert advice

If you need advice on any aspect of data protection or how you are using your customers’ data, please contact our team of expert lawyers. Bray & Bray have three main offices across Leicestershire, feel free to phone or pop in to talk to our solicitors.