The ads were issued by two sole traders, Chris Yewdall of
Baguley, Manchester and Finbar Fox of Lytham St Anne's, Lancashire.
Both traded separately under the name Data Protection Agency.
The OFT said that the mailshots misled the businesses receiving
them to believe that they were under a legal obligation to register
with the sender immediately at a cost of £95. The advertisements
also failed to explain properly which persons were exempt from the
notification.
While UK law requires businesses processing personal data to
notify the Information Commissioner, the fee is only £35. Also,
many small businesses which process personal data for limited
purposes are not required to notify. Businesses can notify the
Information Commissioner directly.
The two traders assured the OFT they would stop issuing and
sending the misleading mailshots.
The OFT has, under the Control of Misleading Advertisements
Regulations 1988, 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.
Earlier this year, the OFT obtained court orders against DRAPS
LTD of Manchester and Gary McNeish (both also trading as Data
Protection Act Registration Service), and Data Protection Agency
Services Ltd of Southport, to stop similar misleading advertising
for data protection notification services.
Details on which businesses are required to notify under the
Data Protection Act 1998 are available on the Information
Commissioner's web site at:
www.dpr.gov.uk
