How many requests under section 32 of PECR

Rev Adrian Kennard made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Rev Adrian Kennard

Dear Information Commissioner’s Office,

Section 32 of The Privacy and Electronic Communications (EC Directive) Regulations 2003 state a person aggrieved by the alleged contravention may request the Commissioner to exercise his enforcement functions in respect of that contravention.

In 2014

1. How many requests have been made by OFCOM under that regulation
2. How many of such requests have resulted in the Commissioner to exercising his enforcement functions

3. How many requests have been made by other persons under that regulation
4. How many of such requests have resulted in the Commissioner to exercising his enforcement functions

Yours faithfully,

Adrian Kennard

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
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If you have raised a new information rights concern - we aim to send you
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If you are concerned about the way an organisation is handling your
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follow the link ‘for the public’). You can also call the number below.

 

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The Information Commissioner’s Office

 

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

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Information Commissioner's Office

4 March 2015

 

Case Reference Number IRQ0571096

 

Dear Rev Kennard
 
I am writing in response to your information request, received 12 February
2015. You requested:
 
“Section 32 of The Privacy and Electronic Communications (EC Directive)
Regulations 2003 state a person aggrieved by the alleged contravention may
request the Commissioner to exercise his enforcement functions in respect
of that contravention.

In 2014

1. How many requests have been made by OFCOM under that regulation
2. How many of such requests have resulted in the Commissioner to
exercising his enforcement functions
3. How many requests have been made by other persons under that regulation
4. How many of such requests have resulted in the Commissioner to
exercising his enforcement functions”
 
We have dealt with your request under the Freedom of Information Act 2000
(FOIA). We are now in a position to provide our response. I will number
our response in accordance with the request numbering, above.
 
[1]. No requests under regulation 32 of PECR have been made by OFCOM.
 
[2]. None (see response to [1] above).
 
[3]. Information on reports from the public about nuisance calls and texts
is published on the ICO website and updated quarterly. You will find the
most recent quarter’s figures at:
 
[1]https://ico.org.uk/action-weve-taken/nui...
 
[2]https://ico.org.uk/action-weve-taken/spa...
 
In 2014 a total of 175330 reports were received via the ICO’s online
reporting tool, which is provided in order for individuals to report
allegations of the contravention of PECR to the ICO. There is no outcome
to these reports and the reporting party does not receive a response.
These may therefore not be within the scope of your request and are
provided for your assistance and general information. The reports are used
by the ICO to obtain intelligence about PECR compliance in accordance with
its regulatory action policy, which is available online, see:
 
[3]https://ico.org.uk/media/about-the-ico/p...
 
[3] and [4]. The table below shows the ICO complaint casework and
enforcement cases completed in 2014 which relates to reports from
individuals about PECR compliance. The casework outcomes as recorded for
each case are included.
 
 

+-------------------------------------------------+
|Nature of complaint/concern reported |Totals|
|------------------------------------------+------|
|DPA Compliance - Electronic Communications|1655 |
|------------------------------------------+------|
|Closed - advice given |2 |
|------------------------------------------+------|
|Closed - Enforcement not recommended |855 |
|------------------------------------------+------|
|Closed - enforcement pursued |60 |
|------------------------------------------+------|
|Closed - Insufficient evidence of breach |6 |
|------------------------------------------+------|
|Closed - insufficient information provided|427 |
|------------------------------------------+------|
|Closed - PECR does not apply |305 |
|------------------------------------------+------|
|------------------------------------------+------|
|Enforcement |114 |
|------------------------------------------+------|
|Closed - Enforcement Notice served |2 |
|------------------------------------------+------|
|Closed - Enforcement Order obtained |2 |
|------------------------------------------+------|
|Closed - Informally resolved |29 |
|------------------------------------------+------|
|CMP final notice served |5 |
|------------------------------------------+------|
|Compliance advice given to org |21 |
|------------------------------------------+------|
|Criminal Investigation pursued |1 |
|------------------------------------------+------|
|Enforcement notice served |6 |
|------------------------------------------+------|
|General advice given to org |21 |
|------------------------------------------+------|
|Improvement Action Plan agreed |1 |
|------------------------------------------+------|
|Monitored - sufficient improvement |26 |
|------------------------------------------+------|
|Grand Total |1769 |
+-------------------------------------------------+

 
 
This concludes our response to your request. I hope this is of help to
you.
 
Yours sincerely
 
Steven Dickinson                
Lead Information Access Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545676  F. 01625 524510  [4]ico.org.uk  [5]twitter.com/iconews
Please consider the environment before printing this email
 
 
 
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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. https://ico.org.uk/action-weve-taken/nui...
2. https://ico.org.uk/action-weve-taken/spa...
3. https://ico.org.uk/media/about-the-ico/p...
4. http://ico.org.uk/
5. https://twitter.com/iconews
6. mailto:[ICO request email]
7. https://ico.org.uk/media/about-the-ico/p...

Rev Adrian Kennard

Dear Information Commissioner’s Office,

I asked how many requests made under section 32 of the PECR.

Your answer is how many complaints regarding texts and calls.

I did not ask that.

Your web site has no form to allow someone to make a request under section 32.

Please can you answer what I actually asked in question 3 and 4 please. How many people have made a request under section 32.

Yours faithfully,

Rev Adrian Kennard

casework, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

Please note that if you are concerned about the way an organisation is
handling your personal information, we will not usually look into it
unless you have raised it with the organisation first. For more
information please see our webpage ‘[1]raising a concern with an
organisation’ (go to our homepage and follow the link ‘for the public’).
You can also call the number below.

 

If you want an internet search provider to remove a link to information
about you – it will be a little longer before we can respond. We are
currently considering the implications of the recent decision by the Court
of Justice of the European Union and will contact you again in the next
six weeks.

 

Please note that we will not look at requests to remove internet search
results unless you have first asked the search provider. You should also
send us copies of all related correspondence.

 

If you have requested advice - we aim to respond within 14 days.

 

If you have made a request for information held by the ICO - we will
contact you as soon as possible if we need any more information to answer
your request. If we don't need any more information we will respond to you
within our published, and statutory, service levels. For more information
please see our webpage [2]'access information about the ICO' (go to our
homepage and follow the link for ‘about the ICO’).

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage
‘[3]service standards and what to expect’ (go to our homepage and follow
the links for ‘Report a concern’ and ‘Service standards and what to
expect'). You can also call the number below.

 

If you have a matter you would like to discuss with us, please call our
helpline on 0303 123 1113 (local rate).

 

Yours faithfully

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[4]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [5]http://www.twitter.com/ICOnews

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://ico.org.uk/for_the_public/raising...
2. http://ico.org.uk/about_us/how_we_comply
3. http://ico.org.uk/about_us/how_we_work/s...
4. http://www.ico.org.uk/tools_and_resource...
5. http://www.twitter.com/ICOnews

Information Commissioner's Office

4 March 2015

 

Case Reference Number IRQ0571096

 

Dear Rev Kennard

Thank you for your message. The information disclosed is the information
held by the ICO which was considered broadly within the scope of your
request. We do not record whether a request has been made under section 32
of PECR, consequently, the information requested at part [3] of your
request is not held, and therefore we cannot determine whether we hold
information for part [4].

We have, in the hope that it is of help to you, provided information (in
the response identified as for [3] and [4] combined), where the complaint
was received outside the online reporting tool, and therefore might be
interpreted as a request under section 32 of PECR, albeit not recorded as
such.

I hope this may be of further assistance.

Yours sincerely

Steven Dickinson                
Lead Information Access Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545676  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
Please consider the environment before printing this email
 

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://ico.org.uk/
2. https://twitter.com/iconews

Rev Adrian Kennard left an annotation ()

I am shocked, given that there is actual legislation permitting someone to request the ICO take enforcement action, that they do not record or count such requests. I will pass on their reply to the Parliamentary and Health Services Ombudsman who are investigating their ineptitude.