The action concerned businessman Peter Michael Hardy, who was
involved with a firm known as the "Data Protection Registration
Department" from Emersons Green, Bristol.
According to the OFT the mailings sent by Hardy misled the
businesses receiving them to believe that they were under a legal
obligation to register with the sender immediately at a cost of
£49.
While UK law requires businesses processing personal data to
notify the Information Commissioner (as opposed to registering),
the fee is only £35. Also, many small businesses that process
personal data for limited purposes are not required to notify –
which Hardy's notices failed to explain. Businesses can notify the
Information Commissioner directly: they do not need to use an
intermediary.
Hardy has now given written undertakings to the OFT that he will
stop issuing and sending the misleading mailshots.
Under the Control of Misleading Advertisements Regulations 1988,
the OFT has the power to step in if the public interest requires
that advertisements should be stopped by means of a court order –
but acts only when a complaint has been received.
"We have taken action against a number of misleading data
protection mailings and will continue to work closely with the
Information Commissioner, trading standards departments and the
police to stop those who make deceptive claims," said Penny Boys,
OFT Executive Director.
"Businesses should contact the Information Commissioner if they
are in any doubt about their obligations to notify under the Data
Protection Act," she added.
