This OFT Press Release may be of interest. It was published today.
Regards
Office of Fair Trading
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MISLEADING ADS FOR DATA PROTECTION HALTED
Following action by the OFT, the High Court has granted a final
injunction against two defendants to stop them issuing misleading
advertising for data protection notification services.
At a hearing the judge granted the injunction against DPARS Ltd of
Manchester and Gary McNeish (both trading as Data Protection Act
Registration Service) upon being satisfied that the adverts were
misleading. Both the company and Mr McNeish had consented to the
injunction being granted. An interim injunction order had previously
been made in June 2002.
The OFT considered that the advertising was misleading because it
gave the impression that it came from an official body and that the
businesses receiving it were under some sort of legal obligation to
register with the company immediately at a cost of £85. It also
failed properly to explain which persons were exempt from
notification.
While most businesses processing personal data are required by law to
notify the Information Commissioner, many small businesses that
process such data for limited purposes are exempt from notification.
Businesses can notify the Information Commissioner directly for a fee
of only £35.
John Vickers, Director General of Fair Trading said:
'It is good for business that the misleading mailings of these
advertisers have been stopped. We will continue to crack down on
advertisers who make false and misleading claims.'
NOTES
1. The final injunction was granted on 12 November 2002. An interim
injunction was granted on 25 June 2002 as a temporary measure (PN
39/02).
2. The Advertising Standards Authority adjudicated against Data
Protection Act Registration Service on 26 September 2001. The full
adjudication is available at www.asa.org.uk.
3. The OFT took court action in separate proceedings against Data
Protection Agency Services Ltd of Southport (also trading as Data
Collection Enforcement Agency) and their director Michael Sullivan
for similar misleading advertising. A final injunction was granted on
30 May 2002 (PN 35/02). The OFT has also obtained assurances from two
sole traders, Chris Yewdall of Baguley, Manchester, and Finbar Fox of
Lytham St Anne's, Lancashire - both trading separately under the name
Data Protection Agency - that they will no longer issue their
misleading advertisiements.
4. The Control of Misleading Advertisements Regulations (CMARs) 1998
came into force in June 1988 implementing an EC Directive on
misleading advertising. The role of the OFT under the Regulations is
to support and reinforce existing controls, not to replace them. The
Regulations give the OFT the power to step in if the public interest
requires that misleading advertisements should be stopped by means of
a court injunction.
5. The OFT can act only when a complaint has been received. To come
within its scope an advertisement must be misleading (i.e. it must
deceive or be likely to deceive and affect economic behaviour) and be
published in connection with a trade, business, craft or profession
to promote the supply or transfer of goods or services, immovable
property, rights or obligations.
6. Details of whether you are required to notify under the Data
Protection Act 1988 are available on the Information Commissioner's
website at www.dpr.gov.uk or telephone the Notification helpline on
01625 545740.
7. In this press release the functions of the Director General of
Fair Trading (DGFT) under the Regulations are for simplicity
described as the functions of "the OFT". The Enterprise Act will
replace the office of the DGFT with the OFT, to which the DGFT's
functions will be transferred.
PUBLIC enquiries: 0845 7224499 [log in to unmask]
OFT reports and consumer information leaflets are available free
from: OFT, PO Box 366, Hayes UB3 1XB 0870 6060321
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