Data Protection Fraud

Trade and Industry written question – answered at on 7 April 2005.

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Photo of David Drew David Drew Labour/Co-operative, Stroud

To ask the Secretary of State for Trade and Industry when she expects the Office of Fair Trading to report on its investigation into the financial activities of bogus data protection agencies.

Photo of Gerry Sutcliffe Gerry Sutcliffe Parliamentary Under-Secretary (Trade and Industry) (Employment Relations and Consumer Affairs)

This is a matter for the Office of Fair Trading (OFT).

The OFT can take action under the Control of Misleading Advertisements Regulations 1988, to prevent the continued publication of misleading advertising. However, under the Regulations, the OFT is not empowered to investigate the financial activities of businesses or individuals. It can only take action to protect consumers and traders from the effects of advertisements that mislead or make unacceptable comparisons.

I understand that you are already aware that the OFT has taken enforcement action under the Regulations against several businesses and individuals concerned with the publication of misleading mailings offering data protection notification services. Due to strict disclosure restrictions under Part 9 of the Enterprise Act 2002, the OFT is unable to comment on the details of any ongoing investigations. However, the OFT does publicise on its website and in the press any undertakings that it has obtained or court action it has taken under the Regulations when such action is completed.

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