Rancom Security Limited v The Information Commissioner

Rancom Security Limited v The Information Commissioner

Rancom Security Limited made unsolicited direct marketing calls to TPS-registered numbers without evidence of consent, failed to take reasonable steps to prevent the contravention despite prior regulatory warnings, and the explanations offered were unsubstantiated. The contravention was serious, negligent, and justified the imposition of a monetary penalty of £110,000, which was proportionate and lawful.

Parties
Appellant: Rancom Security Limited; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Privacy and Electronic Communications, Monetary Penalty Notice, Direct Marketing, Consent Under PECR, Telephone Preference Service
Data Protection Regulatory Law Privacy and Electronic Communications Monetary Penalty Notice Direct Marketing Consent Under PECR Telephone Preference Service

Case Brief

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Parties

Rancom Security Limited

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Rancom Security Limited contravened regulation 21 of PECR by making unsolicited direct marketing calls to TPS-registered numbers without consent
  2. 2 Whether the contravention was serious and/or negligent under section 55A DPA 1998
  3. 3 Whether the monetary penalty of £110,000 was appropriate and proportionate

Ratio Decidendi

Rancom Security Limited made unsolicited direct marketing calls to TPS-registered numbers without evidence of consent, failed to take reasonable steps to prevent the contravention despite prior regulatory warnings, and the explanations offered were unsubstantiated. The contravention was serious, negligent, and justified the imposition of a monetary penalty of £110,000, which was proportionate and lawful.

Court Disposition

Appeal dismissed

Orders

  • The monetary penalty notice of £110,000 stands against Rancom Security Limited.