ICO (UK) - Northern Gas & Power Ltd

From GDPRhub
Revision as of 11:00, 21 December 2021 by FA (talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
ICO (UK) - Northern Gas & Power Ltd
LogoUK.png
Authority: ICO (UK)
Jurisdiction: United Kingdom
Relevant Law:
Regulation 21 PECR
Type: Investigation
Outcome: Violation Found
Started:
Decided: 15.12.2021
Published: 17.12.2021
Fine: 75000 GBP
Parties: Northern Gas & Power Ltd
National Case Number/Name: Northern Gas & Power Ltd
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): English
Original Source: ICO (in EN)
Initial Contributor: Frederick Antonovics

The UK DPA (ICO) fined an electric utilities company approximately €88,000 (£75,000) for making over 60,000 direct marketing calls to individuals who were registered with the TPS or CTPS and who had not provided valid consent.

English Summary

Facts

Northern Gas & Power Ltd is an electric utilities company, which principally brokers commercial energy contracts between commercial energy users and various energy providers.

The company first came to the attention of the ICO as part of a wider investigation into scams and exploitative marketing surrounding the COVID-19 pandemic. It had repeatedly made unsolicited direct marketing call to a business's landline number, the owner of which complained to the ICO.

Upon further investigation, the DPA identified a high number of complaints related to similar calls made by Northern Gas & Power Ltd. As such, it launched an investigation to determine whether it had contravened Regulation 21 PECR.

Holding

The Information Commissioner's Office (ICO) held that Northern Gas & Power Ltd infringed Regulation 21 PECR. Over 60,000 unsolicited calls for direct marketing purposes were made to individuals who were registered with the TPS or CTPS and who had not provided valid consent. This resulted in 337 complaints being made to the TPS and the Commissioner in respect of Northern Gas & Power Ltd.

The ICO determined that the infringement was serious as it received a high number of complaints about the company, and because of the frequency and content of the calls. Indeed, complainants "reported receiving multiple calls over a short period of time, despite repeated opt-out requests and complaints to the Commissioner and TPS. They also complained of rude and aggressive callers who claimed that the rules did not apply to them. Many of the complainants reported that the calls made them annoyed and/or anxious. Some of the complainants said they were being called on their personal mobiles and this was adding to the stress caused by COVID-19. Others said the calls were disrupting their business and tying up lines used by customers."

Further, the ICO found the contravention of the PECR to be negligent, as the DPA has published detailed guidance for companies carrying out marketing explaining their legal requirements under PECR. It considered Northern Gas & Power Ltd should have been aware of the legislation's requirements, especially given its business model "predominately includes direct marketing." A final aggravating factor was that it "failed to take appropriate and swift remedial action in response to complaints from subscribers and correspondence from the Commissioner and TPS."

Considering these factors, the ICO imposed a fine of approximately €88,000 (GBP 75,000) on Northern Gas & Power Ltd.

Comment

Share your comments here!

Further Resources

Share blogs or news articles here!

English Machine Translation of the Decision

The decision below is a machine translation of the English original. Please refer to the English original for more details.


        

    
        
            
    
        
                
                        Action we've taken/
                
                
                        Enforcement/
                
                
                        
                            Northern Gas & Power Ltd MPN
                        
                
        
    
                Northern Gas & Power Ltd
            
        
    
        
        
            
                        Date
                            17 December 2021
                        Type
                            Monetary penalties
                        Sector
                            Utilities
            
        
    

    
        
            



        
    Northern Gas & Power made direct marketing calls to subscribers who were registered with the TPS or CTPS and who had not provided valid consent. The monetary penalty notice is for £75,000.



        Further Reading
            
                
                    
                        Northern Gas & Power Ltd monetary penalty notice
                            
                                    Action we've taken
                                    PDF (343.64K)
                            
                        
                    
                
                
                    
                        Northern Gas & Power Ltd enforcement notice
                            
                                    Action we've taken
                            
                        
                    
                
        

        
    

    
    
        
            
    
        
                
                        Action we've taken/
                
                
                        Enforcement/
                
                
                        
                            Northern Gas & Power Ltd MPN
                        
                
        
    
                Northern Gas & Power Ltd
            
        
    
        
        
            
                        Date
                            17 December 2021
                        Type
                            Monetary penalties
                        Sector
                            Utilities
            
        
    

    
        
            



        
    Northern Gas & Power made direct marketing calls to subscribers who were registered with the TPS or CTPS and who had not provided valid consent. The monetary penalty notice is for £75,000.



        Further Reading
            
                
                    
                        Northern Gas & Power Ltd monetary penalty notice
                            
                                    Action we've taken
                                    PDF (343.64K)
                            
                        
                    
                
                
                    
                        Northern Gas & Power Ltd enforcement notice
                            
                                    Action we've taken
                            
                        
                    
                
        

        
    
EnglishCymraegEnglishCymraeg