Posted on November 20th, 2009 by Barry Collins
Why Britain’s watchdogs have fewer teeth than goldfish
If there’s one thing that makes me angry, it’s other people not getting angry enough. Britain has swathes of so-called regulators and “watchdogs” monitoring everything from advertising, to telecoms, to the protection of our private data, and they’re all about as much use as a toaster in a bath.
Take the Information Commissioner, for example. Christopher Graham may have started talking tough about cracking down on data leaks when he waltzed into his six-figure salary job this summer, but his feeble actions speak far louder than his fighting talk.
It was the Information Commissioner’s Office (ICO) who revealed that staff at a UK mobile network had illegally sold thousands of customer account details to brokers. That data was used to cold-call customers nearing the end of their contracts, in a bid to convince them to move to a rival network.
Mr Graham used this revelation to repeat his calls for “deterrent custodial sentences” to “stop the trade in unlawful personal information”. What he wasn’t prepared to do, however, was name the network involved – the very company who had a legal duty to protect its customers’ data. “We are preparing a prosecution case, and it would obviously prejudice a prosecution,” said a spokesperson, when asked why the ICO had taken a sudden vow of silence.
Of course, it took us no longer than two or three hours to work out who the guilty party was. Britain only has five major mobile networks – once we’d got the blanket denials from the other four, T-Mobile had little choice but to release a confession, issuing a mightily ironic riposte to the Information Commissioner for breaching its confidentiality in the process.
No-one’s disputing the fact that the real villains here were the members of staff who stole the data and sold it to the brokers – indeed, in some respects, T-Mobile was as much a victim as the people who had their details pilfered. But something was inherently wrong with an IT system that allowed employees to steal thousands of customer records and seemingly go undetected for months. And there’s something even more wrong with an Information Commissioner that pledges to “promote openness by public bodies” and then tries to hide the identity of companies who fail to protect their customers’ data. Not to mention the fact he’s now given T-Mobile’s lawyers a cast iron defence should any prosecution actually materialise (“The case has been prejudiced, m’lud”).
Abject ad watchdog
The Information Commissioner isn’t the only watchdog you can barely hear bark, let alone see it bite. Take the Advertising Standards Authority (ASA). I’ve lamented its abysmal failure to clamp down on the worst excesses of broadband providers in the past – ads for “unlimited broadband” that have strictly defined limits, for instance.
Yet, its ineffectiveness reached new lows in a recent adjudication against Vodafone. The ASA upheld a complaint made against adverts claiming the network had “abolished” its roaming charges, when in fact Vodafone had merely postponed the charges for a few months. (Vodafone, incidentally, made a valiant attempt to redefine the word “abolished” in its defence to the ASA, the comical details of which you can read here.)
Being a summer campaign, Vodafone stopped running the adverts at the end of August. The ASA issued its adjudication on 28 October. The sanction? “The ads must not appear again in their current form.” Bravo.
The ASA has a staff budget of more than £5 million, according to its most recent annual report. Yet it takes an average of 66 days to resolve complaints that require investigation. Even if an industry-funded body is never going to dish out fines to the companies that pay its way, is it really too much to ask for it to deal with complaints more promptly?
Ofcom go-slow
Then again, when it comes to quick responses, we should all bow to the undisputed procrastination masters, Ofcom. Back in 2007, Ofcom told mobile phone networks they would have to transfer customers’ numbers from one network to another within two hours by September this year. However, Ofcom’s plans were waylaid when the Competition Appeals Tribunal (CAT) ruled that it had had got its sums wrong over the cost of implementing such measures. Ofcom said it would cost £5m, Vodafone successfully argued it would cost closer to £37m, so it was only out by a factor of seven or eight.
Now Ofcom has had to start the whole tedious process from scratch, and says it “aims to have any new porting process arrangements in place during 2011”. (“These things take time,” an Ofcom spokesperson told me.) Oh, and instead of two hours, it’s now considering watering down the transfer time to one working day.
With watchdogs like these, who needs enemies?
Tags: ASA, Information Commissioner's Office, Ofcom, T-Mobile, Vodafone
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10 Responses to “ Why Britain’s watchdogs have fewer teeth than goldfish ”
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November 20th, 2009 at 4:14 pm
Utterly pointless. I once made a complaint to the ASA and, many months later, received a letter back stating that, as I was the only one who had complained, they were taking no further action. Not because there was no foundation to my complaint, not because the company had broken no rules but because there was only one complaint? Since when did one valid voice become less important than several erroneous voices?
November 21st, 2009 at 9:29 am
My favourite concerned a client of mine whose e-commerce site was hacked. Happily for me, it wasn’t my host; unhappily for them, the police seemed entirely unable to respond in any useful way. Eventually I abused my PC Pro colleagues until they got me a contact at the national cybercrime squad… who said “oh yes, we don’t have any direct contact with members of the public”.
November 21st, 2009 at 1:43 pm
This is an area where England is still stuck in the Feudal ages. The Gov’t worker gets paid whether action is taken or not. In countries where the person is more important than a transient company they can personally sue which actually gets companies to change. And a lawyer who gets paid by results will actually strive to get results. Don’t hold your breath for any change here though.
November 22nd, 2009 at 3:15 pm
Good stuff, Your not the only one who knows our government quangos are incompetent, wasteful and mostly pointless.
Steve S comment “The Gov’t worker gets paid whether action is taken or not.” is the key, I think that’s why they don’t even try, why create work for themselves when they can do nothing and still get paid.
November 24th, 2009 at 8:17 pm
In our experience, Ofcom is utterly toothless, and a complete waste of time.
To cut a LONG story short, we reached a stalemate after trying to get BT to remove a DACS (digital multiplexer) from our line. Despite Ofcom passing a rule in 2006 that BT *MUST* remove a DACS on request, they would not enforce this; in fact, all Ofcom did was refer us back to BT with some nonsense about “functional Internet access”. They denied any responsibility, claiming their role is not to investigate complaints against service providers, but simply to “provide information to the consumer”.
So we continue, in 2009, to be stuck with a painfully slow and essentially unusable Internet connection that is limited to a maximum speed of 33,600 bits per second. To illustrate this, it takes over 7 minutes to download the PC Pro homepage. As I explained to Ofcom, we had a faster connection than this 12 years ago!
My business has been ruined, not to speak of my mental health, yet the organization appointed to deal with rogue companies like British Telecom doesn’t care two hoots. In this case it has actually pandered to BT’s interests. So this begs the question: What is the point in a ‘watchdog’ that is of absolutely no use to those that it is supposed to protect?
November 25th, 2009 at 10:21 am
While “T-Mobile had little choice but to release a confession …”, I wonder how many of the other four were in receipt of stolen goods.
It’s been a similar story for years. Who polices the Police, who watches the Watchdogs?
November 26th, 2009 at 6:58 am
I sent primae faciae evidence to the Information Commissioner about blatant, wholesale, institutionalised flaunting of the Data Protection Act. Action taken – zilch, rien, niente, nowt! What a complete and utter waste of taxpayers money.
November 26th, 2009 at 7:06 am
Remember that the so-called “watchdogs” are staffed by civil servants. I personally have known civil servants who were actively planning and looking forward to their retirement by the age of 30! With such attitudes, changing the man at the top is irrelevant.
November 26th, 2009 at 10:54 am
Adn remember that many of these public employees are looking to work inthe industry they are supposed to monitor. How many Govt health officials move into positions in the medial industry, MoD employees and Govt ministers offered positions within defence contractors, and so forth. Mr Graham doubtless does not intend to keep his current role for life, and will be looking for a movee in the next 2-3 years, perhaps a role in the IT/Telecoms industry…
November 26th, 2009 at 10:13 pm
One thing that the Tories have promised to do, when they get power, is to dismantle these wasteful-of-money quangos; Ofcom in particular, hopefully Ofgem too. Both of these don’t have the consumers’ interests at heart at all. Ofcom took all the caps off BT., to allow them to raise their prices, now we have to pay a “Connection fee” for all calls. Ofgem, has done absolutely nothing to check the rising prices of the greedy foreign-owned energy firms.