Labour broke privacy rules with Corrie actress's 'annoying' cold calls to 500,000 voters

By Kirsty Walker
Updated: 20:27 EDT, 9 February 2010

Labour broke privacy laws by making automated phone calls featuring the actress who plays Coronation Street’s Vera Duckworth to nearly half a million people.

The party was warned in 2007 to stop using the message by Labour-supporting actress Liz Dawn.

But more complaints flooded in last year when the calls were used to urge voters to turn out at local and European elections.

Message: Coronation Street actress Liz Dawn with Tony Blair in 2004. Labour used a recorded message by her in cold calls to almost half a million voters

The Information Commissioner’s Office yesterday served an enforcement notice on the party to stop the messages.

Deputy Information Commissioner David Smith said the calls, to approximately 450,000 recipients in pro-Labour areas could cause ‘annoyance and disruption’.

‘The Labour Party has breached privacy rules by making automated marketing calls to individuals who have not consented to receiving such calls,’ he said.

A Labour spokesman insisted the party had tried to abide by the rules and sought advice from the Information Commissioner’s office before making the calls.

Labour had previously said it would stop automated calls of this kind after the Commissioner received a complaint about the use of the Liz Dawn recording in 2007, said Mr Smith.

The Conservatives, Liberal Democrats and Scottish National Party have all had similar notices served in the past. Joe Fitzpatrick, the MSP who lodged a complaint in 2009, said: ‘Labour have been the subject of repeated complaints but it seems where other parties have faced the law Labour were allowed to get away with it.’

Labour confirmed that it had made the calls to approximately 495,000 recipients, in what were believed to be Labour supporting areas, and that the majority of numbers were obtained using commercially-purchased lists.

Mr Smith said: 'The Information Commissioner's Office has consistently made clear that the promotion of a political party counts as marketing. We have previously issued detailed guidance to all major political parties on this subject.

'The Labour Party has breached privacy rules by making automated marketing calls to individuals who have not consented to receiving such calls.

'The fact that the calls were targeted at what were believed to be Labour supporting areas confirmed our view that they were designed to promote the Labour Party's electoral cause by encouraging Labour supporters to vote.

'Automated calls can cause annoyance and disruption, which is why it is so important for organisations making such calls to gain the consent of individuals.'

The Labour Party has 28 days to appeal against the enforcement notice under the Privacy and Electronic Communications Regulations, which were introduced by the Labour Government in 2003.

Complaints about cold calling rose by almost a quarter from 21,581 in 2008 to 26,538 last year, according to Consumer Direct.

Cold calling itself is not illegal, but firms have to comply with the Direct Marketing Association code of conduct.

This dictates that, for example, members must display their phone number and it should be available if the consumer dials 1471.

One way to freeze out cold callers is signing up to the free Telephone Preference Service (call 0845 0700707 or go to www.tpsonline.org.uk). You can opt to block unsolicited sales and marketing calls.  Firms that still call you are breaking the law and you can report them to the TPS.

Firms can receive fines up to £5,000 per call, although they usually end up with a slap on the wrist and are told to not call you again.

The TPS does not cover overseas companies, although it does cover calls from UK based companies with overseas call centres.