Article - Data Protection – Notification Scams

Data Protection Act 1998 - Notification Scams

Businesses in Devon have recently been receiving documentation from various organisations encouraging them to notify the Information Commissioner under the Data Protection Act 1998, by completing the enclosed forms and sending these back with a cheque of £95.00. While it is correct that businesses processing personal data must be registered with the Information Commissioner, the fee for notifying the Information Commissioner is a standard fee of £35.00 and not £95.00.

The Information Commissioner is already aware of 18 organisations who are trying to make money from the fact that business may not be aware that such approaches are scams. We understand that these organisations, a list of which may be found on the Information Commissioner’s website at www.dpr.gov.uk/donotbemisled.html, have been reported to the Office of Fair Trading and are being investigated.

While businesses are generally aware of the Data Protection Act 1998 and the fact that it is a criminal offence if one fails to comply with it, in many instances their knowledge is not detailed enough to recognise a scam. The Office of the Information Commissioner is responsible for investigating and enforcing the Act and as such is responsible for maintaining the Data Protection Register.

However, the businesses involved in such scams are very clever, because their documentation is prepared in such a way that members of the public are easily led into believing that their activity is legitimate and lawful. Often times, these organisations also adopt trading names which convey tend to convey integrity to the public (for example, one of the 18 organisations in question uses the word "Crown" in its trading name), so that members of the public are perhaps more willing to return the forms and the £95.00.

A better understanding of the notification processes and the Data Protection Act is the key. The Information Commissioner’s site at www.dataprotection.gov.uk provides very useful information. You can also complete notifications online, although they cannot be submitted online. You will still need to print the form, sign it and send it to the Office of the Information Commissioner with an accompanying cheque of £35.00.