The calls, featuring a recorded message from party
leader Nick Clegg, were made to households across the UK.
Information Commissioner Richard Thomas said that the calls
breached the Privacy and Electronic Communications Regulations.
Thomas concluded that the calls were made for the purpose of
promoting the Liberal Democrats and therefore constituted direct
marketing.
He ruled yesterday that the party should not have called anyone
without their prior consent and rejected claims by senior party
members that the calls were for “genuine market research”, not
promotion.
The Information Commissioner's Office said that 26 members of
the public had complained and that the party should have been aware
of the Regulations and of the Commissioner’s previous rulings.
These include a ruling in 2006 against the Scottish Nationalist
Party by the Information Tribunal, which said that the anti-spam
laws cover political parties when they canvass support by
telephone.
This dismissed the SNP’s appeal against an earlier ruling by the
Information Commissioner after ‘robocalls’ containing a recorded
message from Sir Sean Connery urging voters to support the SNP were
made to voters who had not given their consent.
The SNP complained to the Information Commissioner last week
after the Liberal Democrats employed automated calls.
Deputy Information Commissioner David Smith said: “The ICO has
consistently made clear that the promotion of a political party
counts as marketing.”
He added: “We have previously issued detailed guidance to all
major political parties on this subject. Many people find
unsolicited automated calls particularly intrusive and annoying so
it is important that any organisation making such calls ensures
that individuals have given their consent before they are
targeted.”
The Liberal Democrats have been ordered to stop such calls
within 30 days. Breach of an Enforcement Notice is a criminal
offence and could lead to prosecution. The party has a right to
appeal within 28 days.
