Calls for law change on nuisance calls

Simon Entwisle, the ICO’s Director of Operations, asked the Department for Culture, Media and Sports (DCMS) select committee, which is looking at the issue, to enable the ICO to issue more fines to firms behind the calls.

The law currently requires the ICO to prove calls or texts are causing substantial harm or substantial distress before issuing a fine. That means only targeting companies responsible for large numbers of calls but figures suggest the problem of nuisance calls is caused by a large number of companies making hundreds, rather than thousands, of annoying calls.

Earlier this year the Yorkshire Post revealed how thousands of people a day in the region are being sent spam text messages and receiving cold calls on their mobiles.

A business case presented by the ICO has asked the Government to reduce the level of harm it needs to prove, so an investigation would have to simply prove annoyance or nuisance.

Mr Entwisle added: “The simple fact is that the law only allows the ICO to prosecute the worst offenders, who are responsible for less than a quarter of the calls that frustrate so many of us.

“A change in the law would allow us to target more of the companies making these cold calls, and would have a noticeable effect for consumers.”

John Mitchison, head of the Telephone Preference Service, said: “We agree with the ICO’s call for legislative changes that make it easier for them to issue penalties to tackle the problem of nuisance calls. It’s not enough to fine the biggest offenders. Naming and shaming rogue companies will also act as a deterrent to others.”