ICO - Monetary penalty Valca Vehicle Ltd

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ICO - Monetary penalty Valca Vehicle Ltd
Authority: ICO (UK)
Jurisdiction: United Kingdom
Relevant Law: Article 6(1)(a) GDPR
Article 7(1) GDPR
Section 23 Privacy and Electronic Communications Regulations 2003
Section 122(5) Data Protection Act 2018s Regulations 2003
Type: Complaint
Outcome: Upheld
Decided: 18.02.2021
Fine: 80000 GBP
Parties: Valca Vehicle and Life Cover Agency Limited
National Case Number/Name: Monetary penalty Valca Vehicle Ltd
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): English
Original Source: ICO (UK) (in EN)
Initial Contributor: Hrvoje Novacic

The ICO (International Commissioner's Officer) has fined the Valca Vehicle Ltd 80,000 GBP (€92,718) for sending more than 95,000 nuisance, marketing messages during the pandemic from June to July 2020 without the recipients’ permission.

English Summary[edit | edit source]

Facts[edit | edit source]

Valca Vehicle Ltd has failed to provide any evidence of valid consent for any of the 95,004 unsolicited direct marketing messages received by subscribers.

Dispute[edit | edit source]

In the ICO's view, is a clear attempt to capitalise on, and profiteer from, the national health crisis. Examples of the messages sent includes: "*firstname* Affected by Covid? Struggling with finances? lost job /furloughed? Were here to help! Gvnmnt backed support see if you qualify http://www.debtquity.org"

Holding[edit | edit source]

Simple reliance on assurances of indirect consent alone without undertaking proper due diligence is not acceptable. Consent will not be valid where an individual is presented with a long, seemingly exhaustive list of general categories of organisations.

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