Data protection
Data protection notification services
The Office for National Statistics (ONS) has received a number of enquiries from its contributors about letters from organisations asking for money for registration under the Data Protection Act. We would like to assure you these letters have nothing whatsoever to do with ONS and that ONS does not ask its contributors for money.
You can recognise genuine communications from ONS because letters will be headed as above and business inquiry have the following corporate look.
If you have any doubts please telephone your usual ONS contact.
If you are approached this is the advice given by the Office for Fair Trading:
BUSINESS ALERT FROM THE OFFICE OF FAIR TRADING
DATA PROTECTION NOTIFICATION SERVICES
Following hundreds of complaints, the Office of Fair Trading is warning businesses to be alert to misleading mailings promising registration or notification with the Information Commissioner in accordance with the Data Protection Act 1998.
Under the Data Protection Act 1998, most businesses processing personal data are required to make a notification of this to the Information Commissioner, who enters such details on a register available to the public for inspection.
Whilst it is not unlawful to provide a notification or registration service, the OFT is aware of a number of mailings which misled by giving the impression that they came from an official body and that the businesses receiving them were under a legal obligation to respond to the sender immediately at a cost of £85 or more. They also failed to explain properly which persons were exempt from the obligation to notify.
The OFT has taken action under legislation on misleading advertising against such businesses (further details can be found at the OFT's website www.oft.gov.uk ). However, it has no powers to assist individual complainants or to offer advice on your position if you have already sent money to one of these businesses. In particular we have no power to obtain redress.
Data Protection Act & Notification
While most businesses processing personal data are required by law to notify with the Information Commissioner, many small businesses that process such data for limited purposes are exempt this requirement. Businesses can notify with the Information Commissioner directly for a fee of only £35. Details of whether or not you are required to notify under the Data Protection Act 1998 are available on the Information Commissioner's website at www.ico.gov.uk or you can telephone their Notification helpline on 01625 545740, if you have a specific query. The data protection website also contains a list of the companies known to be offering this service.
Complaints
The OFT has no powers to assist individual complainants or to offer advice on your position if you have already sent money to one of these businesses. However, if you have a complaint about a mailing concerning such services the OFT may be able to consider it under the Control of Misleading Advertisements Regulations. These Regulations empower the OFT to take action against misleading advertising, including that contained in mailings. You should send a copy of the mailing and a covering letter detailing your complaint about it to:
Misleading Advertising Team
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London EC4 8JX
