I requested the ICO exercise their enforcement function, as per section 32.
The ICO refuse to. They have come up with lots of excuses including :-
- Unable to play the recording, though they have now managed to.
- Having no powers to trace calls, which is a lie - they have loads of powers from PECR in the DPA which allows then to get information for this very purpose. They did not reply when I pointed that out.
- They don't investigate individual complaints (well, why not, that is their job!)
- I must jump through hoops to fill in their on-line reporting form (I wonder if I can script that).
Their response is that each report I make is an "individual complaint" and so won't be investigated!
I have sent a recording of two calls in one email now, saying this is not about an individual incident but two calls, so will they now investigate it. I bet they won't
They are insistent that I am not allowed to forward the calls to their switchboard. I pointed out that surely they would not take any action over that though - or do their staff get special treatment for junk calls? Also asked how they would know it was me forwarding the calls (especially if they have no powers to trace a call)? Not had a reply on that one yet.
Next step? I assume it is writing to my MP.
I am wondering about scripting their on-line form though. How hard can it be I wonder. I wonder if I can bill the ICO for that - after all section 30 lets me charge damages to any party in breach of the regs, and surely not doing your job as defined by the regs is acting in breach of the regs?
Update: I have written to my MP.
Update: On looking, the form on their web site is indeed just a "survey" for "reporting a concern". I cannot find where one formally requests that they exercise their enforcement action as per section 32, so I have asked where the form for that is located or what official means they wish me to use if not email. We'll see.