Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

12 June 1998

Before: Jurat Mrs JGB Myles, Lieutenant Bailiff and Jurats

Potter and Quérée

AG

-v-

Bio - Nique, Limited

Bio - Trans, Limited

1 Count of contravening Article 4 (1) of the Data Protection (Jersey) Law, 1987, by holding personal data, whilst not registered as a data user.

Plea: Facts admitted

Details of Offence:

Unsolicited mail had been received by two gentlemen resident in the UK from Bio-Nique Limited suggesting that the company kept computer records of personal data. Questionnaires were sent to the companies by the Registrar on 27 June 1997 which were returned and signed by the Managing Director declaring that the companies held computer data and were not registered. A registration pack was sent on 16 July 1997 but never returned. On 13 March 1998 the Registrar, accompanied by a police officer, visited the premises to serve a seven day notice of intention to search in accordance with Schedule Four of the Law. However, this notice proved unnecessary as the Managing Director was fully co-operative, admitting the offence and completing a registration pack there and then. The companies held approximately 150,000 names on four computers at the registered office.

Details of Mitigation:

Advocate Falle asked that both companies be treated as one, in particular in relation to costs. He claimed the companies had a care for security and said that it was a sin of omission. The pack had been started but was put in the "too difficult file" and forgotten. Advocate Falle asked that the fines imposed should not be high "pour encourager les autres".

Previous Convictions:

None

Conclusions:

Fine of £1,000 with £250 costs on each company

Sentence and Observations of the Court:

Fine of £500, with £125 costs on each company

Mrs S Sharpe, Crown Advocate

Advocate RA Falle for the Defendant Company

JUDGMENT

THE LIEUTENANT BAILIFF: We have before us an admitted infraction of Article 4 (1) of the Data Protection (Jersey) Law, 1987. In late 1996 questionnaires were sent by the Data Protection Registrar to a Mrs Carol Porter, Managing Director of Bio-Nique Limited and Bio-Trans (Jersey) Limited. These were returned on 27 June 1997, duly completed and showed that each company used computer data in order to process information about customers. A registration pack was therefore sent to the company on 16 July 1997, but these were not returned. On 13 March 1998, the Data Protection Registrar, accompanied by a police officer, visited the companies offices by now in premises in Bath Street to give seven days notice of an intended search. However, Mrs Porter was fully co-operative and, after caution, was interviewed. During this interview it was admitted that within the personal data stored in the companies computers were approximately 150,000 names. When asked why she had not registered Mrs. Porter merely said "I never got round to it. I did make a start, I have the forms here, you see, dated 27 July 1997, I just didn’t finish them." Mrs Porter then confirmed that both companies used the data base and were effectively one concern for the purpose of computer processing. After that interview Mrs Porter then agreed to complete a registration pack which she did there and then.

It is clear to the Court that the companies were in breach of Article 4 (1). Mr Falle has asked the Court to treat the companies as one and therefore only one offence. This we feel unable to do as they are separately registered companies. However, this is a first offence by them and also a first prosecution under this law. Mrs Porter for the companies has been fully co-operative and therefore we are going to impose the following fines. A fine of £500 and costs of £125 on each company

No Authorities