OFT clamps down on data 'scam'
THE Office of Fair Trading has taken action against a Bristol-based businessman to stop him from publishing misleading mailings that purported to come from an official Government body.
The move is part of a campaign against other, similar mailings that target small businesses and try to get them to stump up money to register the fact that they handle sensitive customer data. In some instances the mailings have proved to be little more than scams.
The watchdog said that Peter Michael Hardy, who was involved with an organisation that called itself Data Registration Department, has given written undertakings that he will no longer issue misleading advertisements offering notification services under the Data Protection Act 1998.
The OFT said Hardy's advertisements were misleading because they gave the impression that they came from an official government body, using a logo similar to that of the Information Commissioner's and that businesses which received them thought they had to register with the sender at a cost of £49.
There have been numerous other instances of such mailings in recent months. Typically a business or firm receives notification from an official-sounding body warning them of their legal responsibilities to register with the Information Commissioner.
What the mailings often don't make clear is who is exempted from having to register and that businesses can notify the Commissioner directly for a fee of just £35.
In fact, while most businesses processing personal data are required to notify the Information Commissioner, many small businesses that process personal data for limited purposes are not.
The OFT has previously taken action against several businesses and individuals who send out similar misleading mailings. Earlier this year, the High Court responded to an OFT request and closed down a data protection scam that had targeted thousands of businesses.
The Information Commissioner's website contains full details of the Data Protection Act's requirements.
