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09.01.02: Data Protection Warning to Small Businesses

Posted on Wednesday 9 January 2002
City of York Council's trading standards officers have issued an alert to local businesses who are being targeted by firms offering to help them comply with the Data Protection Act 1998 - for a substantial fee.

Official looking notices have been sent out which remind recipients (data controllers) that failure to comply with the Data Protection Register constitutes a criminal offence. The notices then invite local businesses to complete the forms and send a fee (usually in excess £100) to commence the notification process.

Many businesses are concerned by the wording and emphasis of the correspondence and, in particular, by suggestions that one of the companies may have an official record of local businesses' notification status with the Data Protection Register.

However, the forms do not originate from the Office of the Information Commissioner (formerly the Data Protection Registrar) but from private companies. It is possible to comply with the provisions of the Data Protection Act 1988 on payment of an annual statutory notification fee of £35 to the official commissioner's office

Trading standards manager, Elizabeth Levett, said, "It is not unlawful to provide a 'registration/notification service' to businesses. However, we would advise anyone receiving these communications not to complete the forms but to contact trading standards who will advise you how to find out whether you are required to comply under the act and, if so, how to do this."

Any firm wanting trading standards advice on this issue should ring 01904 551527.

ENDS

Further information: Elizabeth Levett, trading standards manager Telephone: 01904 551527