Tue, 2007-07-03
Satcover and Satellite Direct told off by the Information Commissioner permalink
Mick Gorrill, Head of Regulatory Action at the ICO, says: "It is unacceptable for organisations to make unsolicited marketing calls to individuals who have said that they do not wish to be contacted in this way. If these organisations fail to comply with the terms set out in the formal undertakings, we will not hesitate to take further action."
If either organisation breaches the terms of the undertaking the ICO has powers to take the organisation to court immediately. If an organisation breaches a subsequent court order it may be held in contempt of court, an offence which can result in a jail sentence.
3 July 2007
Following an investigation by the ICO, Satellite Direct UK Ltd and Satcover
Ltd, both of Hove, East Sussex, were found in breach of the Privacy and
Electronic Communications Regulations after making unsolicited marketing calls
to individuals using an automated calling system. As a result the Information
Commissioner has required the two organisations to sign formal undertakings to
stop making unsolicited marketing calls to individuals.
The Enterprise Act 2002
Formal Undertaking
I_____________ of ______________________
in my capacity as Director of Satcover Ltd, whose registered office is 168 Church
Road, Hove, East Sussex BN3 2DL, have read and understood the contents of the
letter dated 23 March 2007 reference ELE 0126179.
I hereby give to the Information Commissioner a written undertaking pursuant to
Section 219 of the Enterprise Act 2002, that Satcover Ltd, in the course of any
business, in any way, by itself, its servants, or agents will refrain from the conduct
outlined below and any similar conduct namely:
Contravening Regulation 19 of the Privacy & Electronic Communications (EC
Directive) Regulations 2003 by transmitting or instigating the transmission of
unsolicited communications for the purposes of direct marketing by means of
automated calling system without the recipients prior consent
Contravening Regulation 21 of the Privacy & Electronic Communications (EC
Directive) Regulations 2003 by using or instigating the use of a public electronic
communications service for the purposes of making unsolicited calls for direct
marketing to subscribers who have previously notified you that such calls
should not be made on that line, or to numbers allocated to a subscriber who
has registered with the Telephone Preference Service
IF YOU SIGN THIS DOCUMENT, YOU AGREE TO OBEY ITS
REQUIREMENTS. IF YOU CONTINUE TO BREACH THE
REGULATIONS SET OUT ABOVE THEN AN ENFORCEMENT ORDER
MAY BE SOUGHT FROM THE COURT.
Name (print) _____________________________
Signature ________________________________
Witness _________________________________
Date _________________________________