Businesses Both Large & Small
Beware the Data Protection Scam
Businesses throughout Europe are now highly regulated when it comes to obtaining and retaining information on individuals for whatever purpose. Any person, whether as an individual or in the course of business, who stores personal data must be aware of the statutory regime that exists to protect those persons about whom such data has been compiled and stored. Information relating to individuals contained within computerised systems, paper files, film or video audio tape or other form of record is potentially caught by the current regulations. Few businesses can claim that they do not, in some form, process such regulated information.
The Data Protection Act 1998 replaced the earlier 1984 Act and the Access to Personal Files Act 1987 and, in conjunction with the Freedom of Information Act 2000, is now the prime legislation. The 1998 Act was based upon eight principles which, taken together, regulate the manner in which information is obtained and kept. If you store the kind of information protected under the 1998 Act then it is a strict requirement that you or your business is registered with the office of the Information Commissioner.
Data Protection is a subject that all business owners, in particular, should be aware of and if there is any doubt as to whether you or your business should be registered then you should consult your solicitor as soon as possible. There are penalties for failing to register. The Information Commissioner has power to serve various forms of notice if he considers that any of the principles set out in the 1998 Act have been breached, and if these notices are not complied with then an offence is committed.
However, beware!
If you receive or have, in the recent past, received an official looking letter suggesting that you should register your business under the 1998 Act watch out - it is probably a scam. If you are asked to pay a fee of £95 plus VAT, it almost certainly will be!
The statutory fee for registration under the 1998 Act is only £35, and registration can easily be made by accessing the on-line service and completing the form on screen or by making contact with the Department of Trade and Industry who will point you in the right direction.
This scam has fooled a lot of people who were both unsure of whether they should be registered or simply reacted to an “official” looking letter which has, without doubt, made these hoaxers a lot of money over the past months.
Remember, if your business is not registered the likelihood is that it should be. It is a strict liability offence to process personal data without first being registered. If you hold personal data on e.g. employees, customers or prospective customers you should be registered - personal data means any information that relates to a living person who can be identified from it.
MARTIN EVANS
COMMERCIAL PARTNER
This article gives a general overview only and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, please do contact Nita King on 01793 527141 alternatively by email on martin.evans@lemon-co.co.uk
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<p><strong><a href="http://www.lemon-co.co.uk/article_data-protection.php">Businesses Both Large & Small
Beware the Data Protection Scam </a></strong><br />
Businesses throughout Europe are now highly regulated when it comes to obtaining and retaining information on individuals for whatever purpose. Any person, whether as an individual or in the course of business, who stores personal data must be aware of the statutory regime that exists to protect those persons about whom such data has been compiled and stored...</p>