Data protection ads stopped

64/05 5 April 2005

Two more businesses have stopped distributing misleading advertisements following action by the OFT.

London-based Data Registration Services and Middlesex-based BLMC (Enforcement Section) were sending out misleading mailings to businesses offering notification services under the Data Protection Act 1998.

The OFT considered that the mailings were misleading as they gave the impression that they were sent by an official government body and that businesses receiving them were under an obligation to register with the sender at a cost exceeding the fee that is currently charged by the Information Commissioner. The mailings also failed to explain properly which businesses were exempt from notification.

While most businesses processing personal data are required by law to notify the Information Commissioner, many small businesses that process personal data for limited purposes are exempt. Businesses can notify the Information Commissioner directly for a fee of £35.

The OFT has obtained undertakings from Data Registration Services Limited and its company officers, Francia Elena Koseleff, Miguel Boris Koseleff and Carlos Monedero, in relation to the 'Data Registration Services' mailings. They have undertaken that they will no longer issue misleading advertisements offering data protection notification services. Similar undertakings have been given by Brett Lee Morris and Tracey Crane in relation to mailings from BLMC (Enforcement Section). If any of these undertakings are breached the OFT could seek a court injunction. Failure to obey an injunction could result in proceedings for contempt of court.

Sir John Vickers, OFT Chairman, said:

'Misleading data protection mailings are a recurring problem and have generated many complaints. Businesses must remain vigilant about these mailings. Anyone in doubt about their obligations to notify should contact the Information Commissioner.'

NOTES

1. Information about who is required to notify under the Data Protection Act 1998 is available on the Information Commissioner’s website or by phoning the Notification Helpline on 01625 545740.

2. Correspondence that is really from the Information Commissioner always bears his Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF address.

3. The business address for Data Registration Services is PO Box 48829, London WC2A 1WY. The written undertakings were provided on 24 January 2005.

4. The business address for BLMC (Enforcement Section) is 10 Elm Tree Close, Ashford, Middlesex TW15 2HP. Written undertakings were provided on 5 February 2005.

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