'Bogus' data protection ads stopped by high court

A company which marketed what appeared to be a compulsory data protection registration service has been told to stop issuing misleading adverts by a high court judge.

Data Protection Agency Services Ltd of Southport, which also trades as Data Collection Enforcement Agency, and their director, Michael Sullivan, were hit with the injunction yesterday.

The judge granted it on the basis that the advertisements were "materially misleading".

The Office of Fair Trading (OFT), which issued the proceedings, considered 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 at a cost of about £95 (plus VAT).

While most businesses processing personal data are required by law to notify the Information Commissioner, the fee is only £35 - on which no VAT is payable - and many small businesses that process personal data for limited purposes are not required to notify. Businesses can notify the Information Commissioner directly.

The Advertising Standards Authority (ASA) first ruled against the company in November 2001.

John Vickers, director general of Fair Trading, said in a statement: "Misleading advertising harms honest businesses and consumers. The OFT, working with the Advertising Standards Authority and Trading Standards, will continue to stamp out false and misleading claims."

Details of whether or not you are required to notify under the Data Protection Act 1998 are available on the Information Commissioner's website at http://www.dpr.gov.uk or by calling its notification helpline on 01625 545740.