ACMA slaps Telko for privacy breach

Telecommunications service provider Telko was fined $52,800 by the communications watchdog for breaching the Do Not Call Register Act.

The Australian Communications and Media Authority found its Australian contact centre called numbers listed on the Do Not Call Register, resulting in 91 complaints being made to the regulator in three months. ACMA said the first-time offender failed to responsibly monitor compliance at the call centre.

An ACMA spokesperson said companies were first warned and given time to fix their processes. She said most complaints ceased after notification but Telko continued to reoffend.

“If informal resolution is unsuccessful, the ACMA will move to a formal investigation and take appropriate enforcement action,” the spokesperson said.

“Penalty options include formal warning, enforceable undertaking, infringement notice imposing a pecuniary penalty and/or court action seeking the imposition of substantial fines. The action taken will depend on the number and severity of contraventions identified as the result of an investigation.”

ACMA said liability fell on the call centre and its customer, in this case Telko. A call to just one phone number on the list was enough for a company to breach the Act. Businesses such as Telko must have "adequate oversight and monitoring of the outsourced call centre that make telemarketing calls on its behalf”, it said.

“Telko is a small to medium-sized telecommunications service provider and a penalty of $52,800 is appropriate for the level of noncompliance that was identified during the investigation.”

Holding Redlich partner Dan Pearce said it was an example of a company remaining solely liable for the conduct of its outsourced call centre.

“A company needs to inform itself about the essence of the laws, and ensure that any supplier it contracts can demonstrate how it will comply with the laws,” Pearce said.

“Appropriate contracting and record keeping are essential.”