Data protection scam shut down

By THIS IS MONEY
Updated: 19:00 EST, 5 February 2004

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A DATA protection scam that targeted thousands of businesses has been shut down by the High Court at the request of the official watchdog, the Office of Fair Trading.

Barry, Lee and Joan Parvin ran the self-styled Data Processing Protection Corporation from an address in Guisborough, N Yorkshire. They sent out misleading advertisements relating to notification with the

Information Commissioner under the Data Protection Act 1998.

The ads were designed to look as if they came from an official body and included a £95 charge. Not all business are required to register and those that do pay just £35.

The OFT received more than 2,000 complaints about the ads, which were also sent in the name of the Data Processing Protection Corporation.

The OFT says while most businesses processing personal data are required by law to notify the Information Commissioner, many small businesses are exempt.

Businesses that need to do so can notify the Information Commissioner directly.

The court granted an injunction that prevents the defendants from being involved in any way with types of advertising about data protection notification services. It also means they can no longer accept payments in response to such adverts without asking the sender for written permission.

The judge, Mr Justice Lindsay, said he had 'no doubt that the advertisements were misleading.'

The OFT said it worked closely with Redcar and Cleveland trading standards in its investigation.

John Vickers, OFT chairman, said: 'The OFT has received thousands of complaints about this sort of misleading advertising. Many more businesses are being unwittingly taken in by it.

'Businesses should be on their guard and should contact the Information Commissioner if in any doubt about their obligations to notify under data protection legislation.'

• For details of whether you are required to notify under the Data Protection Act see the Information Commissioner's website at www.dpr.gov.uk or call 01625 545 740.