The government has launched a consultation on proposals to amend the Privacy and Electronic Communications Regulations to make directors liable for nuisance calls. Maximum fines would be up to £500,000, and if a firm has multiple directors, each could be liable for a fine. The ICO will consider the level of fine based on evidence, whether it applies to a company, director, or both.
ICO’s Deputy Commissioner (Policy), Steve Wood said:
“We welcome these proposals from the government to make directors themselves responsible for nuisance marketing. We have been calling for a change to the law for a while to deter those who deliberately set out to disrupt people with troublesome calls, texts and emails. These proposed changes will increase the tools we have to protect the public.”
Minister for Digital and the Creative Industries, Margot James MP said:
“Nuisance calls are a blight on society and we are determined to stamp them out. For too long a minority of company directors have escaped justice by liquidating their firms and opening up again under a different name. We want to make sure the Information Commissioner has the powers she needs to hold rogue bosses to account and put an end to these unwanted calls.”
The consultation closes on 21 August. See https://www.gov.uk/government/consultations/nuisance-calls-and-messages-action-against-directors.