- Appeal dismissed by Upper Tribunal for skipping PECR and bundling kangaroos in political newsletters (Leave.EU Group and Eldon Insurance Services v ICO)
- What are the practical implications of this case?
- Ground two—unsolicited communications for purposes of direct marketing
- Ground three—freely given, informed and specific consent
- Ground five—knowledge of risk
- Ground six—a serious contravention
- Ground seven—proportionality
- What was the background?
- What did the court decide?
- Case details
TMT analysis: Two companies within the same corporate group, Leave.EU Group Ltd (Leave.EU) and Eldon Insurance Services Ltd (Eldon) (now Somerset Bridge Insurance Services Ltd), appealed to the First-tier Tribunal (FTT) against a series of enforcement measures taken by the Information Commissioner’s Office (ICO) following both companies’ contravention of regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (‘PECR 2003’) on the use of email for direct marketing purposes. Leave.EU transmitted over one million unsolicited direct marketing emails which included unrelated content promoting an insurance product (GoSkippy). The FTT dismissed all five appeals. The FTT gave Leave.EU and Eldon permission to appeal to the Upper Tribunal Administrative Appeals Chamber (UT) on a total of nine grounds. With one exception (ground four), Leave.EU and Eldon relied on every ground of appeal before this Tribunal. The UT dismissed all nine grounds. Written by Hamish Corner, partner, and Andrew Mills, associate, at Shoosmiths LLP.
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