Feeds

High Court bans alleged data protection profiteer

Interim injunction ahead of trial judgement

  • alert
  • submit to reddit

Build a business case: developing custom apps

The High Court last week granted an interim injunction against Christopher Yewdall preventing him from profiting from allegedly misleadingly advertised data protection notification services.

The interim injunction was granted on Thursday (7 August) as a temporary measure pending a judgement in a lawsuit brought against Yewdall by the Office of Fair Trading (OFT).

It is alleged that Yewdall was involved with misleading advertisements relating to notification with the Information Commissioner under the Data Protection Act 1998. The names used in the advertisements included: Data Protection Agency, Data Protection Agency Registrations, Data Protection Agency Services, National Registrations, Data Protection Registration and Data Protection Registration Services.

The OFT received thousands of complaints from businesses regarding to these adverts, which used return addresses all over the country.

According to the OFT, these adverts are misleading "because they give the impression they are from an official body, that businesses receiving them are under a legal obligation to register with the sender and that notification costs £95".

In fact, businesses who need to register under the Data Protection Act 1998 can do so with the Information Commissioner directly, for a fee of only £35.

The offending adverts also fail to properly explain that some small business who process personal data for limited purposes are exempt from notification under the 1998 Act.

The injunction prevents Yewdall from being involved in any way with certain types of advertising about data protection notification services. It also means he cannot accept payments in response to such advertising.

According to the OFT, Yewdall "consented" to the interim injunction being granted until full trial without making any admissions about the OFT's case.

In August 2002, Yewdall had given written assurances to the OFT that he would not be involved with such advertising again, a promise he has failed to keep, according to the OFT.

Welcoming the interim injunction, Penny Boys, OFT Executive Director, said: "The OFT has received thousands of complaints about this sort of misleading advertising.

"Businesses should contact the Information Commissioner if in any doubt about their obligations to notify under data protection legislation," she added.

Details of whether or not you are required to notify under the Data Protection Act 1998 are available on the Information Commissioner's Web site at dpr.gov.uk or you may telephone its Notification helpline on 01625 545740. ®

Related Stories

Must do Better - EC data protection report
Data Protection Register is Out of Date

Build a business case: developing custom apps

More from The Register

next story
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.