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IPA responds to Govt consultation on nuisance marketing comms

The IPA has responded to a recent Government consultation that sets out a proposal to make it simpler for the Information Commissioner to impose serious fines on companies whose electronic marketing communications contravene the Privacy & Electronic Communications Regulations (PECR 2003).


Although the consultation focuses mainly on nuisance calls and text messages, it also covers unsolicited emails, something which the IPA suggests is less harmful to consumers.

Says Richard Lindsay, IPA Legal & Public Affairs Director: “We support the Government’s aim of protecting consumers from the harm caused by nuisance calls and text messages. We are, however, concerned that lowering the legal threshold by removing the need to prove substantial damage or distress (or annoyance, inconvenience or anxiety) across all forms of marketing communications covered by Regulations 19 – 24 of PECR, including email, could lead to civil monetary penalties being awarded against companies for having sent unsolicited emails which have caused little or no harm to consumers. Nuisance calls and texts are, we would suggest, harmful by their very nature. Unsolicited emails should not be included in the same category.”

Read the consultation.

Last updated 10/12/2014

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