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Misleading data protection mailings stopped

PN 71/03     4 June 2003

Another two misleading mailings for data protection notification services have been stopped following action by the OFT.

The OFT has obtained undertakings from Francis Boyd and Christopher Williams (both involved with Crown Data Collection Enforcement Agency and The Data Collection Enforcement Agency based in Hyde, Cheshire) that they will no longer issue misleading advertisements about data protection notification services. Gerry Stanley, the proprietor of the contact address for these businesses, also gave an undertaking relating to his involvement.

Similar undertakings not to issue misleading advertisements about data protection notification services have been received from a separate sole trader, Keith Kennedy, in relation to advertising from the Data Protection Registration Agency also based in Hyde, Cheshire.

The OFT considered that both sets of advertisements were misleading because they gave the impression that they came from official bodies and that the businesses receiving them were under a legal obligation to register with the sender at a cost of £95. They also failed to explain properly 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, the fee is only £35 and many small businesses that process personal data for limited purposes are not required to notify. Businesses can notify the Information Commissioner directly.

The OFT has previously taken action against a number of similar mailings and is working closely with the Information Commissioner and local Trading Standards Services to tackle the problem.

Welcoming the action, John Vickers, OFT Chairman, said:

'Businesses should contact the Information Commissioner if in any doubt about a mailing offering data protection notification or registration services.'

Notes
1. See OFT press releases 35/02, 39/02, 72/02 and 77/02 for further information on previous OFT action against misleading advertising for data protection notification services.

2. 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.

3. 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 and affect economic behaviour), 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.

4. Details of whether or not you are required to notify under the Data Protection Act 1998 are available on the Information Commissioner's website at www.dpr.gov.uk or telephone their notification helpline on 01625 545740.

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