OFT acts on misleading data protection mailing

The Office of Fair Trading (OFT) has taken action against a Bristol based businessman to stop him from publishing misleading mailings.

Peter Michael Hardy, who was involved with 'Data Protection Registration Department' of Emersons Green, Bristol, has given written undertakings to the OFT that he will no longer issue misleading advertisements offering notification services under the Data Protection Act 1998.

The OFT considered that the advertisements were misleading as they gave the impression that they came from an official government body, using a logo similar to the Information Commissioner's official logo, and that the businesses receiving these advertisements were under an obligation to register with the sender at a cost of £49.

The advertisements also failed to explain properly which persons were exempt from notification. While most businesses processing personal data are required by law to notify the Information Commissioner, many small businesses that process personal data for limited purposes are not required to notify. Businesses can notify the Information Commissioner directly for a fee of only £35.

Penny Boys, OFT Executive Director, said: "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. Businesses should contact the Information Commissioner if they are in any doubt about their obligations to notify under the Data Protection Act."

The OFT has previously issued warnings to small businesses receiving what appears to be an official letter but in fact asks for a fee considerably in excess of what companies need to pay to register.