The final injunction was granted against DRAPS Ltd of Manchester
and Gary McNeish, both trading as Data Protection Act Registration
Services. The final order followed an interim injunction issued on
25th June 2002 as a temporary measure.
The court confirmed that the ads misled businesses receiving
them to believe that they were under some sort of legal obligation
to register immediately with the senders at a cost of £85. The ads
also failed to explain properly which persons or businesses were
exempt from 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.
Earlier this year, the OFT obtained assurances from two sole
traders, Chris Yewdall of Baguley, Manchester and Finbar Fox of
Lytham St Anne's, Lancashire- both trading separately under the
name Data Protection Agency- that they would no longer issue
similar misleading advertisements.
The OFT has, under the Control of Misleading Advertisements
Regulations of 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.
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
