Case Handling Workshop The Data Cycle Unsolicited marketing and lead generation

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1 Case Handling Workshop The Data Cycle Unsolicited marketing and lead generation Adam Stevens, Team Manager Intelligence Hub (Enforcement) Daisy Higgins, Case Officer Improving Practice 7 October 2014

2 Unsolicited marketing an lead generation The problem We d like to ask you a few questions about Have you had an accident in the past 12 months? Due to a new government scheme you can claim money off a boiler. We can lend you xxxx today. We believe there may be a virus on your computer. 14,577 concerns reported to the ICO during August 2014 about unsolicited marketing

3 Unsolicited marketing an lead generation The problem continued Volumes reported to ICO by topic, August 2014

4 Unsolicited marketing an lead generation The law and our powers Enforcement powers under the Data Protection Act 1998 and Privacy and Electronic Communications Regulations 2003 Serving information notices requiring organisations to provide the Commissioner with specified information within a certain time period; Issuing undertakings committing an organisation to a particular course of action in order to improve its compliance; Serving enforcement notices where there has been a breach, requiring organisations to take (or refrain from taking) specified steps in order to ensure they comply with the law; Conducting consensual assessments to check organisations are complying; and Issuing monetary penalty notices, requiring organisations to pay up to 500,000 for serious breaches.

5 Unsolicited marketing an lead generation The Data Cycle

6 Unsolicited marketing an lead generation Taking action against those who make calls/send messages We issued five monetary penalties in 2013 for 495,000 in total. To date, we have issued one monetary penalty in 2014 for 50,000 (Reactiv Media). We have issued four enforcement notices in 2014 all in relation to live and automated calls. In 2014, we have so far prosecuted 3 lead generation companies and their directors for non-notification. On 22 May the ICO executed warrants at an office and residential address in Wolverhampton. The investigation is continuing. A further warrant was executed in south Wales in August as part of another investigation. We are currently monitoring 12 organisations and had held five compliance meetings as of mid-september. In 2013, we found that for those organisations which were monitored they achieved an average 70% reduction in complaints.

7 Better Together Tetrus DM Design We Claim U Gain Nationwide Energy Tameside Energy Isisbyte, SLM DC Marketin Winchester and Deakin Hot House Roof Amber UPVC Fab First Financial Reactiv Media CMPs ENs UTs Automated calls Live calls SMS Total reported to ICO Dec-11 Apr-12 Jul-12 Oct-12 Jan-13 May-13 Aug-13 Nov-13 Mar-14 Jun-14 Sep-14 Complaints made to the ICO by month and all CMPs, ENs, UTs issued

8 Identifying new and emerging threats Multi-agency approach Operation LINDEN Strategic aim To capture and share intelligence effectively and identify, plan, deliver and promote coordinated activity to maximise enforcement opportunities against individuals and organisations responsible for breaching legislation associated with unsolicited marketing texts, live and automated calls and silent or abandoned calls. Protect the privacy and consumer rights of individuals and to improve compliance.

9 Unsolicited marketing an lead generation Following the data Targeting list brokers Looking at those providing data for marketing campaigns. Where did the data originate from? What fair processing information was provided? Current work Compliance meetings. Monitoring. Use of enforcement action if necessary.

10 Identifying new and emerging threats Working internationally EU/European The Article 29 Working Party Spring Conference and its Case Handling Workshop Co-ordinated supervision groups and Joint Supervisory Bodies of police and judicial cooperation Consumer Protection Cooperation International International Conference International Enforcement Coordination Working Group (IECWG) International Enforcement Coordination Annual Event (IECAE) Organisation for Economic Cooperation and Development (OECD) Global Privacy Enforcement Network (GPEN) London Action Plan (LAP)

11 Over to you

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