HL Deb 21 December 2004 vol 667 c147WA
The Earl of Northesk

asked Her Majesty's Government:

What action they are taking to combat phishing attacks against global financial institutions, which increased 568 per cent between June and the end of October 2004. [HL116]

The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Sainsbury of Turville)

The police can take action if it can be proved that a sender of an e-mail has fraudulently obtained information from a subscriber. The sender of such e-mails often also sends unsolicited direct marketing e-mails. The Government implemented the EU directive on electronic communications by introducing the Privacy and Electronic Communications (EC Directive) Regulations in December 2003. The regulations require the sender of an unsolicited direct marketing e-mail to ensure that his identity is clearly stated in the e-mail with a valid e-mail address, which the recipient can use to request that further e-mails are not sent to them.

The Earl of Northesk

asked Her Majesty's Government:

How many prosecutions for illegal spamming (a) have been brought; or (b) are pending under the terms of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426). [HL437]

Lord Sainsbury of Turville

It is not a criminal offence for unsolicited spam e-mails to be sent to individuals and therefore no prosecutions have been brought for illegal spamming.

Under Privacy and Electronic Communications (EC Directive) Regulations 2003, the Information Commissioner's Office (ICO) has responsibility for enforcing the regulations, which prevent the sending of unsolicited spam e-mails to individuals. A company or individual that contravenes an enforcement notice commits a criminal offence and, upon successful prosecution, could be subject to a fine of up to £5,000 in a magistrates' court. The ICO makes every effort to resolve breaches at an early stage of the proceedings and there have been no signs of a continuous breach of the regulations by UK based spammers and therefore no formal action has been brought or is pending.