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OFT takes action on data protection ads

PN 111/03     8 August 2003

Following action by the OFT, the High Court has granted an interim injunction against Christopher Yewdall restraining him from being involved with what the OFT regards as misleading advertising for data protection notification services.

The OFT's case is that Mr Yewdall was involved with misleading advertisements relating to notification with the Information Commissioner under the Data Protection Act 1998 that used various names: Data Protection Agency, Data Protection Agency Registrations, Data Protection Agency Services, National Registrations, Data Protection Registration and Data Protection Registration Services. The OFT received thousands of complaints from businesses regarding these adverts, which used return addresses all over the country. Mr Yewdall had previously given written assurances to the OFT that he would not be involved with such advertising.

The OFT considers that such adverts are misleading because they give the impression they are from an official body, that the businesses receiving them are under a legal obligation to register with the sender and that notification costs £95. They also fail to properly explain which persons are exempt from notification under the Data Protection Act 1998.

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

The injunction prevents Mr Yewdall from being involved in any way with certain types of advertising about data protection notification services. It also means he cannot accept payments received after today in response to such advertising. Mr Yewdall consented to the interim injunction being granted until full trial without making any admissions about the OFT's case.

Welcoming the interim injunction, Penny Boys, OFT Executive Director, said:

'The OFT has received thousands of complaints about this sort of misleading advertising. 

'Businesses should contact the Information Commissioner if in any doubt about their obligations to notify under data protection legislation.'

NOTES

1. The interim injunction was granted on Thursday 7 August 2003. This is a temporary measure until the OFT's application for a final injunction is heard and determined.

2. Mr Yewdall signed assurances in August 2002. See PN 72/02. See OFT press releases 35/02, 39/02, 77/02 and 71/03 for further information on previous OFT action against misleading advertising for data protection notification services.

3.  The Control of Misleading Advertisements Regulations (CMARs) 1988 came into force on 20 June 1988 implementing an EC Directive on misleading advertising. The role of the OFT under the Regulations is to support and reinforce existing controls, not to replace them. The Regulations give the OFT the power to step in if the public interest requires that advertisements complained of should be stopped by means of a court injunction.

4. The OFT can act only when a complaint has been received. To come within its scope an advertisement must be misleading (i.e. it must deceive or be likely to deceive the recipient and affect their economic behaviour, or for those reasons, harm the interests of a competitor), and be published, in connection with a trade, business, craft or profession, in order to promote the supply or transfer of goods or services, immovable property, rights or obligations. The OFT can take action against anyone appearing to be concerned or likely to be concerned with the publication of a misleading advertisement.

5. Details of whether or not you are required to notify under the Data Protection Act 1998 are available on the Information Commissioner's website or you may telephone their Notification helpline on 01625 545740.

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