Nuisance Calls and Texts Task Force â What you need to know

At the request of the Department of Culture, Media and Sport, the consumer association, Which? were asked to investigate the growing problem of unwanted marketing calls and texts. The Nuisance Calls and Text Task Force was asked to review the way businesses obtain and use customer data which are used to make unwanted calls and texts, and to set out recommendations on how to tackle the growing problem.

The Task Force reported back to the Government this week and has published its findings and recommendations. The main points being that the current regulations were adequate, that tougher rules could be damaging to industry but that:

• Any data that has been bought or collected from a third party must be obtained lawfully and in compliance with the law;

• Consent must be given for marketers to use a consumers personal data;

• Businesses must follow the Information Commissioner’s Office (ICO) guidance on buying and collecting data;

• Sectoral regulation needs to improve by working closely with the ICO;

• If self-regulation continues to fail to protect consumers then tougher legislation should be introduced.

Report Recommendations:
• The Task Force stated that board level responsibility for the collecting or buying of data will drive the changes needed to reduce nuisance calls or texts, to do this businesses need to;

o Make privacy notices transparent and easily accessible to the consumer;

o Provide consumers with the tools to control their personal data;

• Businesses need a system for recording when consent is given but also when it is revoked by the consumer;

• Third party data and the consent that comes with it should last for no longer than six months;

• Sectoral regulators should consider producing specific guidance on marketing topics for their organisations;

• The government should increase the enforcement powers of the ICO.

Why is this important for you?
Although the Task Force was originally created to look into nuisance calls and texts, they identified that issues with consent, the misuse of marketing data and the trading of this data is the source of the problem. This means that the report and recommendations relate to all marketing organisations, not just those who call and text. The Task Force acknowledged that many organisations already work within the above guidelines; however as a business you need to ensure that these guidelines remain or become your minimum standard of marketing practice.

The complaints data from the ICO suggested that nuisance marketing generally concentrates around certain areas, for example payday loans or personal injury claims. The Task Force has suggested that the regulators for each sector should work closely with the ICO in order create better guidance for their organisations. Those organisations will see themselves having to follow, potentially, more stringent sectorial guidance.

With increased ICO enforcement powers, we may see far more examples of companies being in breach of the law and being fined. It is currently fairly difficult for the ICO to take action against organisations breaching the law, but they have already started issuing larger fines, for example the recent £70,000 fine issued to Parklife Weekender for sending nuisance texts. This type of action will become far more common if businesses do not change their practices.

Following the Task Force recommendations will ensure that you remain compliant with the law and protect not only your customers’ personal data but also your reputation as a company. The Task Force was conscious of the impending changes to EU Data protection laws and kept recommendations in line with those proposals. To get more insight and some practical ideas on how to ensure you collect and use personal data take a look at our EU Data Protection series.