Over the last 3 months I have raised over 1,000 complaints to the ICO regarding calls from 0843 numbers that present a recorded announcement.
Every single one if a breach of section 19 of The Privacy and Electronic Communications(EC Directive) Regulations 2003
Every single complaint has detailed the calling and called number as well as time of day and date, and included a call recording to prove the breach.
Every single complaint has formally requested that they exercise
enforcement functions in relation to this breach as per section 32 of those regulations.
Every single complaint has has a response "We have received your email" which even says they aim to respond within 30 days.
They have said they are officially ignoring me, even though investigating these complaints and enforcing these rules are their job.
I have complained about their response and still they say they will ignore me.
They have said they have no power to investigate, until I point out the powers they have and then they go quiet.
Just one such call is a breach of the regulations and they have the power investigate and they can fine the callers. Just one call! But even 1,000 complaints are not enough for them to act.
This is a government body deliberately refusing to do its job.
What next?
Well, I have requested that my MP refer to the parliamentary ombudsman...
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Dear MP, ...
ReplyDeleteGive it a couple of weeks, then when nothing has happened, threaten to go very public if nothing happens in the next 7 days.
ReplyDeleteThe Register's not what it used to be, but it still has some audience. Maybe there are other [more] suitable outlets?
Private Eye and more major news outlets would probably be interested. Especially with that blog "cover photo" for novelty value too.
DeleteJudicial review of their decision not to investigate.
ReplyDeleteYou may wish to contribute to the consultation currently underway. See http://www.bbc.co.uk/news/uk-29769370.
ReplyDeleteI responded to this consultation and highlighted this blog post in my comments about lack of enforcement.
DeleteThanks
DeleteHave you considered a request for the Freedom of Information Act for ICO's policy/process documentation for investigating complaints under PECR and, in particular, in any internal documentation relating to its decisions not to consider your complaints and to ignore your further complaints?
ReplyDelete