The OCIO’s new teeth

• Monetary penalty powers extended: the Information Commissioner can serve a monetary penalty of up £500,000 for the most serious breaches of PECR. This covers businesses and other organisations sending unwanted marketing emails and texts, as well as making live and automated marketing phone calls.
• Increased investigatory powers: the Information Commissioner can require telecommunications companies and internet service providers (ISPs) to provide his office with information that he needs to investigate breaches of the Regulations.
• Compulsory notification when breaches occur: telecommunications companies and ISPs will be required to notify the ICO and their customers in certain circumstances when a personal data breach occurs.
• Increased audit powers: the Information Commissioner will have the power to audit telecommunication companies and ISPs for compliance with these personal data breach notification requirements.
• New rules for websites using cookies and similar technologies: the ICO will be responsible for regulating compliance with this new requirement and will soon be issuing advice.

The Information Commissioner has gained new powers which will allow his office to serve monetary penalties of up to £500,000 for the most serious incidents of businesses making unwanted marketing phone calls or sending unwanted marketing emails to consumers.

The change – along with other powers granted to the ICO - come into force as part of an amendment to the UK’s Privacy and Electronic Communications Regulations (PECR) on 25th May.

The new powers, which have been confirmed by the Department for Culture, Media and Sport, include the extension of the ICO’s ability to issue monetary penalties to a new maximum of £500,000.

The ICO will also gain new increased investigatory powers that allow his office to require telecommunications companies and internet service providers to provide his office with information. His office also acquires new powers that will require these organisations to proactively raise an alert when personal data breaches occur and his office will be able to audit such businesses for compliance.

The new rules for websites using cookies and similar technologies will also now come under the jurisdiction of the ICO.

 Information Commissioner Christopher Graham said: “The ICO has been calling for increased powers to regulate breaches of PECR for some time. The changes to the Regulations will grant us the right to impose significant monetary penalties for the most serious breaches of the rules and give us improved powers to investigate companies that make nuisance marketing calls."