An estate agent has been prosecuted for failing to register under the Data Protection Act, with other agents laying themselves open to prosecution.
Ray Butler, of Butlers Estate Agents in Hertfordshire, had failed to register with the Information Commissioner’s Office despite being contacted on three separate occasions.
On Monday, he was convicted under Section 17 of the Data Protection Act at Hertford Magistrates Court and fined £300.
He was also ordered to pay £405 towards prosecution costs and a £30 victims’ surcharge.
After the case, it emerged that other agents could still face the force of the law.
Although the ICO said it has seen a dramatic rise in compliance among agents, after a campaign targeting the industry which began in September 2010, it says there are still agents who are not registered.
As a result of the campaign, an additional 2,500 property agents have signed up, with 5,057 estate agents and 2,669 letting agents currently compliant.
Under the Data Protection Act, all organisations processing personal information are required to register with the ICO. Failure to register is a criminal offence and could lead to a fine of up to £5,000 in a magistrates court, or unlimited fines in a crown court.
Stephen Eckersley, head of enforcement, said: “Registration is not just a legal requirement under the Data Protection Act, but shows that a company is committed to looking after people’s information correctly. This is particularly important for property agents as they will be handling highly confidential information relating to people’s finances.
“Since we launched our registration campaign in September 2010 we’ve seen a 36% increase in the number of estate agents who’ve signed up, with an even more impressive 88% increase among letting agents.
“We would like to congratulate the industry for stepping up to the mark and showing that they take their legal responsibilities seriously.
“However, today’s prosecution shows that rogue companies remain. This is not acceptable, and we will continue to take action where it is clear that a company is operating in blatant disregard of the law.”
A spokesman for the ICO told EAT: “While we have seen a significant increase in the number of estate agents and letting agents registered with our office, we know that there are other agents out there who will need to register but have still failed to do so.
“Failure to register is a criminal offence under the Data Protection Act and we hope this prosecution acts as a warning to those that have failed to meet their legal obligations under the Act. Registering with the ICO also shows that a company is committed to looking after people’s information correctly.
“The campaign has proved successful and – while we are no longer specifically targeting the estate agency sector – we will continue to monitor its compliance and take action where appropriate.”
Advice and guidance on how organisations can register with the ICO can be found here:
https://www.ico.gov.uk/what_we_cover/data_protection/notification.aspx
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Comments
Estate agents emails www.estateagentsemails.co.uk/
Nice post Ray @11.21
Get legal, it all goes away, simples
Am getting fed up of the red tape!! It’s a joke! The best one recently was the PPL I think that’s what they are called, licensing for music and there is already PRS. PPL called and said even if your with PRS this doesn’t mean you are legally covered!
i dont know ray personally but we have old school agents who are very good, he seems like that.
I know the area that Butlers operate in and have been involved in many chains with them. Let me tell you Ray Butler is far from a rouge agent. A little old fashioned maybe but a breath of fresh air in an area dominated by spivs.
It is, of course, just another tax.
I paid to 'join' then registered a complaint with ICO about another agent who stole my information and then misused it and never heard another word.
Complete sham.
Perhaps I am a victim and deserve the £30
I think we should be able to as fast as the car will on motoways but thats not the law and if I get caught I know I am breaking the law and get what I deserve. This lot were lucky, and you have to say stupid, when warned 3 times!
That is a term that RICs are promoting at their schmoozy meetings with OFT, CLG et al to describe all those who are not RICs.
Never mind that they turn a blind eye to their members' antics involing huge wads of client money.
What a load of BS. I know Ray Butler, and for Stephen Eckersley, 'head of enforcement', to describe him as a rogue agent, just because he hasn't complied with a piece of BS legislation, is wrong and possibly libellous. He didn't comply with a piece of legislation, and has paid the price, that's all. Maybe he was making a stand, maybe he just stupidly ignored ICO's communications, I don't know. I'm sure there are plenty of rogue agents who comply with all relevant legislation, and then behave unethically, whilst being fully compliant.
We have been made to sign up to this, when we don't arrange finance, take deposits or financial details. It is a licence to print money (again) by the Government.
Non-registration with the ICO doesn't mean non-compliance with basic and ethical principles of what someone does with essentially private information. Whilst it is wrong for agents to disregard the law, I think it is wrong that Mr Eckersley should imply that all agents who do not register are "rogue agents".
Should have made an example of him, give him the £5K fine, its wrong they trade illegally when the best agents do all compliance, rubbish like this give agents a bad name.
'£30 victims’ surcharge'
umm, perhaps I missed it but who was/is the victim in this case ?