Nuisance Calls

Peter Grant Excerpts

Monday 26th October 2015 Commons Chamber

[Mr Vaizey]

I think that small businesses can be impacted in exactly the same way that individuals can. Although we often focus in these debates on elderly and vulnerable people, and quite rightly, we should also remember that, as my hon. Friend the Member for Croydon South (Chris Philp) indicated, many people from every walk of life can be plagued by nuisance calls. That includes not only individuals, but small businesses, which is why it is so important to continue to tackle this nuisance.

The other key change we made this year was to lower the legal threshold for what constitutes a nuisance call. Previously we had the difficult situation in which a nuisance call had to cause significant harm and distress. It was often the case that even when the Information Commissioner’s Office carried out enforcement action and imposed a fine, the company concerned appealed and was able to show with relative ease that their calls had not caused significant harm and distress. We have lowered that threshold, so it should now be much easier to take enforcement action and impose fines. Many hon. Members might say that, looking at the record, not enough has been done, but lowering the threshold should make it easier.

Ofcom has also introduced a new standardised approach to call tracing. That is now in routine use by the ICO and Ofcom, and it will be improved by the end of this year. We are also looking at how to make it more difficult for callers to use voice over internet protocol to facilitate an invalid calling line identification.

[Peter Grant (Glenrothes) (SNP)]

Does the Minister agree that as well as the misuse of personal data, which my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) referred to, there is an issue about how data are collected in the first place? I have noticed over the past year or so that it is becoming much more common when accessing services online—online is often the cheapest and most convenient way to access services, or indeed the only way—whether an obligation-free insurance quote or free wi-fi, for providers no longer to give the option to give consent. In other words, if a person does not give consent, they are not allowed to access the service. Have the Government any plans to legislate specifically against that nefarious practice?

[Mr Vaizey]

We are looking at the data protection regulations, and I am sure that we could look at the example the hon. Gentleman raises, which is not one that I have come across in detail. That is another reason why Baroness Neville-Rolfe now has responsibility for our policy on nuisance calls, because she is also responsible for data protection and work on the digital single market, so it is a coherent policy brief. [Interruption.] I am hearing more sedentary remarks from the hon. Member for Newcastle upon Tyne Central, who is nodding her approval at the effective work that the Government are doing in these areas. I am extremely pleased that she recognises how well the work is going.