§ Mr. ChopeTo ask the Parliamentary Secretary, Department for Constitutional Affairs (1) if he will require the Information Commissioner to bring legal proceedings against individuals or organisations identified as purporting to be acting as a collector in relation to data protection but acting without the authority of the information Commissioner; [157599]
(2) what action the Information Commissioner is taking to prevent organisations passing themselves off as the Data Protection Registrar; and if he will make a statement. [157589]
§ Mr. LammyThe Commissioner carries out his statutory duties independently of government. He has no powers under the Data Protection Act to take legal action against "collectors", but he has been working closely with the Office of Fair Trading, local trading standards services across the country and various police forces to tackle the problem. The coordinated efforts of these bodies have resulted in a number of successful legal actions and continuing investigations.
The Commissioner has been able to take action in the case of one firm, which has been using his registered trademarks. The matter is currently in the hands of his lawyers.
In addition to these measures, the Commissioner has strengthened his notification administrative procedures and his staff continue to work very hard to offer appropriate advice to the public and to help raise awareness of the activities of these "collectors".
§ Mr. ChopeTo ask the Parliamentary Secretary, Department for Constitutional Affairs (1) what estimate he has made of the number of(a) individuals and (b) organisations which have fallen victim to bogus collectors in relation to data protection in each of the last three years; [157600]
(2) what estimate he has made of the income received by the Information Commissioner from data protection registration fees under the Data Protection Act 1998 which emanated from bogus agencies in each of the last two years; [157591]
(3) on how many occasions fees forwarded to the Information Commissioner by bogus collectors on behalf of data protection were from organisations which do not need to be registered; and what happens to such fees; [157588]
(4) if he will estimate the cost to the Information Commissioner of telephone calls, correspondence and administration arising from the activities of bogus organisations posing as collectors in relation to data protection. [157587]
§ Mr. LammyI understand from the Information Commissioner that in total approximately 27,000 notifications have been received via these bogus agencies. There were some 2,500 in 2001–02; 12,000 in 2002–03; and 12,500 in 2003–04. The figures available do not distinguish between individuals and organisations.
The income received amounted to £420,000 in 2002–03 and £437,500 in 2003–04.
1019WThe Data Protection Act allows organisations whose processing is exempt from the notification requirement to notify voluntarily. From the documentation submitted through the bogus agencies, it is not possible for the Commissioner to assess whether a notification is mandatory or voluntary. Refunds are given where the registration is a duplicate or where organisations contact the Commissioner and qualify for an exemption. Figures for the total number of refunds made prior to August 2003 are not available. Since that date, there have been approximately 400.
The Commissioner estimates that the costs to his office of the bogus agencies in the year 2003–04 have been in the region of £100,000.