Information Commissioner reveals that despite fundraising scandals some charities still wanted “wiggle room” when it came to adhering to privacy and communications regulations
Eight major charities were warned as far back as March 2014 over potential breaches of fundraising rules.
Information Commissioner Christopher Graham revealed he wrote to the charities reminding them they couldn’t buy and share donors' details or ignore the opt-out Telephone Preference Service, long before fundraising scandals such as the Olive Cooke case became known.
Giving evidence to Westminster's Public Administration and Constitutional Affairs Committee on Tuesday he said it appeared that the charities, which he didn’t name but described as “big”, had ignored the warnings.
"I was very shocked by the nature of the abuse that was uncovered – in particular the case of Olive Cooke which I think we all found very distressing,” he said.
I became increasingly concerned that the evidence was that charity fundraisers believed they were somehow above the law and a special case
"I became increasingly concerned that the evidence was that charity fundraisers believed they were somehow above the law and a special case and it took an awful lot of persuading that there wasn't a trade-off to be done.”
He added that when he met with the Institute of Fundraising and major charities to discuss the problems unearthed some asked if there was any “wiggle room”.
Graham continued: "I had to explain, sometimes in blunt terms, to leading charities that ‘I'm sorry, there isn't a trade-off here, this is the law and you've got to stick to it’."
Despite the obvious abuses, Graham told MPs he did not believe the proposed Fundraising Preference Service (FPS), suggested in Sir Stuart Etherington’s review of fundraising, would be the best solution.
He said the FPS, which would see people opt out of all telephone and mail fundraising, would cause confusion as his office would not be able to police it.
“I’m not in favour of the FPS idea, which I think is simply a confusion,” he said.
"The TPS is something I can enforce under the privacy and electronic communications regulations, but I’m worried that the FPS is something I wouldn’t have any status to enforce, and it I think it might lead to greater confusion when we actually need clarity."
Graham told MPs that following discussions with the Institute of Fundraising and others, that he felt charities were now beginning to adhere to the rules and that the problem is being dealt with.
He added the Information Commissioner’s Office is also in the process of setting up a formal agreement with the Fundraising Standards Board (FRSB).
He said his office had not previously been aware of the extent of the problems as it had received “relatively few complaints” and was unaware the FRSB had been receiving thousands.
He added: “We must never again have a situation where the FRSB, or whatever follows it, is aware of complaints and we as the back stop regulator with the statutory power to deal with it are not aware.”
Oxfam chair, Karen Brown, RSPCA chair Daphne Harris and Mark Wood, the chair of the NSPCC also gave evidence to the committee.
Each said they had not received a letter from the Information Commissioner.
Brown apologised for those working in the name of Oxfam who had let the public down and Harris apologised for the RSPCA’s involvement in the case of Samuel Rae.
Graham informed MPs he would write to the committee to name the charities that had been sent letters by his office.
