The
Liberal Democrats have been found to be in breach of
communications privacy law by the Information Commissioner's
Office.
This follows an investigation into the party's recent use of
automated phone calls to potential voters.
Paula Barrett, a partner at international law firm Eversheds,
said, "This action by the ICO comes as little surprise. The
Lib Dem's own publicity surrounding the calls made it clear the
intention was to promote the party and Nick Clegg, not to conduct
research.
"The Privacy and Electronic Communications Regulations are clear
that consent is needed if you are going to use automated calling to
promote a product or service, or in this case a political
party."
Barrett said the speed with which the enforcement notice was
issued was perhaps a public demonstration by the ICO of its desire
to take decisive action on breaches of the DPA and PECR.
The ruling means that the Lib Dems now have an enforcement
notice hanging over them with no expiration date. A future breach
could result in criminal proceedings being brought either in the
Magistrates Court or in Crown Court and fines imposed.
"Further enforcement activity can be expected against
organisations that breach DPA and PECR in the coming months from
the ICO as it starts to exercise new powers. The Regulatory
Enforcement and Sanctions Act comes into force next month," said
Barrett.
"That gives the ICO the power to issue stop-now notices and
issue fixed penalties," he said.
Those available penalties have not been finalised, but the ICO
has argued to have the right to fine organisations for up to 10% of
their turnover.