March 18, 2011
As one estate agent comes to terms with a monetary fine, businesses have been reminded to register with the Information Commissioner's Office (ICO) if they wish to process the personal data of consumers.
Under the Data Protection Act 1998, every organisation or person who is processing personal information in an automated form must notify the ICO. Failure to notify is a criminal offence and could lead to a fine of up to £5,000 in a Magistrates Court, or unlimited fines in a Crown Court.
This week, Peter Quigg, of PDQ Property Sales, was convicted under Section 17 of the Data Protection Act after failing to register his firm with the ICO. Magistrates in Ormskirk was fined Mr Quigg £250 and ordered him to pay £265 towards prosecution costs, as well as a £15 victim's surcharge.
“This case should serve as a warning to all organisations that are processing personal data – failure to notify is a criminal offence that could land you in court," said ICO Head of Enforcement, Mick Gorrill.
“This requirement is written into data protection legislation for a number of very valid reasons, not least because it gives people an added assurance that businesses and other organisations understand the need to keep their personal details secure.”
While Mr Quigg's fine may seem small when compared to other Data Protection breaches, the damage to his company and reputation far exceeds that to his wallet. If you wish to stay out of the ICO's reach and safeguard your company's image, consult our experts today and ensure you're doing all you can to avoid punitive measures.
