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M&S boss uses Data Protection Act to investigate leaks

OUT-LAW News, 02/07/2004

Stuart Rose, the newly appointed CEO of Marks & Spencer has resorted to the Data Protection Act to establish the identity of the person who gained access to his mobile phone records, according to reports.

Rose, who was appointed to the top job at the embattled retailer on 31st May, was alerted to the security breach when he contacted his mobile operator mmO2, and was asked to supply a newly created password that he said he had not set up.

An unknown individual had apparently contacted O2 earlier, provided sufficient details to gain access to his account records, and then set up the new security code, according to reports.

Suspicions were raised that someone had gained unauthorised access to the account after news stories appeared in the press, seemingly based on confidential records.

The issue of Rose's telephone conversations is a sensitive one at the moment, given that the Financial Services Authority has just launched an investigation into possible insider trading relating to the hostile takeover attempt by businessman Philip Green.

According to M&S, "In response to increasing concerns about access to his personal records, Stuart Rose has issued a number of notices under the Data Protection Act requesting details of any personal information held by them."

In general terms, under the Act, any company that retains personal information about an individual is obliged to let that individual know, within 40 days of a written request, what information is being held on them.

 

 

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