Lib Dem Automated Phone Calls Banned

6.16.00pm GMT Fri 26th Sep 2008

• [Sep 25]: THE Information Commissioner's Office has taken enforcement action against the Liberal Democrats after finding the party in breach of the Privacy and Electronic Communications Regulations.

This follows an investigation by the ICO into the party's use of automated phone calls. Last week the Liberal Democrats made a substantial number of automated calls featuring a recorded message from Nick Clegg to households across the country. After reviewing the phone script the ICO concluded that the calls were made for the purpose of promoting the Liberal Democrats and therefore constituted direct marketing. In addition, the ICO has now received a number of complaints from those who received calls without giving their prior consent.

The Privacy and Electronic Communication Regulations forbid the use of automated unsolicited direct marketing calls to any individual who has not previously given their consent to receive such calls. David Smith, Deputy Information Commissioner at the ICO, said: "The ICO has consistently made clear that the promotion of a political party counts as marketing. We have previously issued detailed guidance to all major political parties on this subject. Many people find unsolicited automated calls particularly intrusive and annoying so it is important that any organisation making such calls ensures that individuals have given their consent before they are targeted."

The ICO has today issued the Liberal Democrats with an Enforcement Notice - a legal order to stop the activity within 30 days. Breach of an Enforcement Notice is a criminal offence and could lead to prosecution. The Party has a right to appeal within 28 days. The ICO has previously taken enforcement action against the Scottish National Party (SNP) for breaching the Privacy and Electronic Communications Regulations. In 2005 the SNP used automated marketing calls to Scottish households without gaining consent. This action was upheld by the Information Tribunal in May 2006 following an appeal by the SNP.

It is said that the Party has decided not to appeal; it has so far issued no statement on on the Notice. Perhaps the persons responsible for this cockup have been packed off to Glenrothes . .

Related Links:

• Enforcement Notice

• Lib Dem "Robo Calls" were doomed from the start [Norfolk Blogger]

• Nuisance caller? [Jonathan Calder in the New Statesman]