Dear Matt

My employers asked me to prepare a summary of fines and prosecutions last year as part of a risk assessment process.  I took the details from the 1998, 1999 and 2000 Commissioner's report and the data are pasted into this message below.

I hope you find it useful.

Carolynn

Carolynn Bain - Archivist              Tel: 0131 243 9524
The National Trust for Scotland    Fax: 0131 243 9599
Wemyss House                  Email: [log in to unmask]
28 Charlotte Square                     URL: http://www.nts.org.uk
Edinburgh EH2 4ET     

1998
The Commissioner's Office received 4173 complaints, out of which they investigated 1753 [42%].  792 complaints [19% of the total] were received concerning direct marketing.  The investigations resulted in 27 prosecution cases, the majority of which [22] were convictions against unregistered data users.  Fines ranging from £50 to £2500 plus costs were levied by the courts.

1999
3653 complaints were received and 1753 [48%] were investigated.  694 complaints [19% of the total] were received in connection with direct marketing.  59 cases [0.02% of the total number of complaints] proceeded to court and 55 resulted in prosecution.  Of those the majority [37] were again convictions against unregistered data users, with 3 convictions for using data for unregistered purposes.  Fines ranged from £250 to £2500 plus costs, with one firm being fined £8000 in total for separate offences.  In this year a company director was successfully prosecuted for conniving in the commission of offences.

2000
The Commissioner received 4570 complaints and investigated 2056 [45%].  822 complaints [18% of the total] related to direct marketing.  145 cases of those investigated [0.04% of the total number of complaints] proceeded to court and 130 resulted in prosecutions.  There were 91 convictions for procuring data unlawfully, and 7 for using data for unregistered purposes.  Fines ranged from £50 to £3500 plus costs per offence.

                


-----Original Message-----
From:   Stephenson,M [SMTP:[log in to unmask]]
Sent:   Thursday, April 19, 2001 10:08 AM
To:     [log in to unmask]
Subject:        Fines and other punishments

Dear All,

I am sending this email on behalf of a friend who is not subscribed to this
list.

She is making a speech or a presentation and would like anecdotal
information regarding fines, other punishments and problems caused as a
result of non-compliance with  data protection or freedom of information
legislation etc around the world as well as the UK.

She has looked on US and UK mailing list archives without a great deal of
success and has pleaded with me to pass on this message to this list-serv.

Any replies will be gratefully received.

Many thanks

Matthew Stephenson


Matthew Stephenson
Records Manager
Room H616
London School of Economics
Houghton Street
London WC2A 2AE

Tel: 020 7955 6481
Fax: 020 7404 5510

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