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Scrape Timestamp (UTC): 2024-03-05 09:33:17.322
Source: https://www.theregister.com/2024/03/05/penny_appeal_ico_investigation/
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Spam crusade lands charity in hot water with data watchdog. Penny Appeal sent more than 460,000 texts asking for money to help war-torn countries, no opt out. Typically it is energy improvement peddlers or debt help specialists that are disgraced by Britain's data watchdog for spamming unsuspecting households, but the latest entrant in the hall of shame is a charity. The Information Commissioner's Office (ICO) has ordered Penny Appeal, which sends aid to more than 30 crisis-hit countries worldwide, to cease and desist. The charity was found to have dispatched more than 460,000 unsolicited texts during a ten-day period to 52,000 people that had not consented to receive the messages or had "clearly opted out," the ICO said. Following receipt of the texts, the ICO and Mobile UK's Spam Reporting Services received 354 complaints. Among them individuals reported saying their opt-out replies were ignored and others described the messages as "intrusive" and often received late at night. During the course of its official probe, the ICO says it found Penny Appeal had constructed a new database and users' requests to opt out were not recorded, with messages transmitted to "anyone that had interacted" with the charity inside the past five years. The watchdog has been engaged with Penny Appeal since 2020, addressing prior complaints about a similar campaign in the past. The charity had previously "committed to improving compliance with direct marketing law" yet the latest batch of complaints show it was "still sending illegal marketing texts," the ICO said. Penny Appeal has 30 days to stop sending marketing comms for which it doesn't have valid consent, something the data regulator wants to remind all charities of. Andy Curry, head of investigations at the ICO, said in a statement: "Penny Appeal inundated people with text messages, with no regard for their consent or their right to opt out. This is unacceptable and we will act decisively to protect the public from unsolicited marketing texts." "We also appreciate that small charities may need a helping hand when it comes to understanding the law. However, this is not an excuse for breaking it. All organisations sending direct marketing messages are responsible for ensuring they have valid consent to contact every recipient." Charities falling under the glare of the ICO is not unheard of. In 2018, a counseling charity attracted the watchdog's ire after leaving confidential files in a former office building. And 11 charities were fined in 2017 over dealings with people's personal data, including Cancer Research UK and Oxfam. Mostly, however, it is still commercial organizations that are falling afoul of the regulator.
Daily Brief Summary
Penny Appeal, a charity aiding crisis-hit countries, ordered by ICO to stop sending unsolicited texts.
Charity found to have sent over 460,000 spam texts in ten days, violating recipients' consent.
ICO received 354 complaints, with recipients reporting ignored opt-out requests and intrusive messaging.
Penny Appeal's failure to heed prior warnings resulted in an ICO investigation exposing a flawed database practice.
The charity failed to log opt-out requests, messaging individuals who had interacted within the past five years.
ICO stresses the importance of valid consent for marketing communications, regardless of the organization's size.
This is not the first incidence of a charity facing ICO's scrutiny; even larger charities have been previously fined.
The ICO's action highlights the ongoing responsibility for all entities, including non-profits, to comply with direct marketing laws.