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ARTICLE · 17 APRIL 2015

Global Data & Privacy Update - 09.04.15

The law in the UK surrounding nuisance calls and texts changed on 6 April to allow the Information Commissioner’s Office to fine companies who make unsolicited calls.

GlobalPrivacy

UK ICO welcomes nuisance calls and texts law change

The law in the UK surrounding nuisance calls and texts changed on 6 April to allow the Information Commissioner's Office (ICO) to fine companies who make unsolicited calls. The change removes the requirement for calls or texts to have caused "substantial damage or substantial distress" and the ICO has committed to fining those who break the law.

Businesses have expressed concern about compensation claims

Following the recent Court of Appeal judgment in Vidal Hall & Ors v Google Inc companies are concerned about the potential exposure to damages in light of claimants no longer needing to show "damage and distress". Although Google were refused permission to appeal to the Supreme Court, it remains to be seen whether they will seek to clarify important cyber security issues within the judgment. In the interim, data controllers need to be aware of this change and the potential to increase levels of risk posed.

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