Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Butler (Prosecution) [2013] UKICO 2013-41 (8 April 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/2013-41.html
Cite as: [2013] UKICO 2013-41

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News release: 8 April 2013

ICO praises estate agents’ commitment to data protection as rogue company boss prosecuted

A targeted campaign by the Information Commissioner’s Office (ICO) to get property agents to register under the Data Protection Act has seen a dramatic rise in compliance across the sector.  

Since the ICO’s campaign began in September 2010, an additional 2,500 property agents have signed up, with 5,057 estate agents and 2,669 letting agents currently compliant. The campaign was undertaken after concerns that many property agents were unaware of their legal requirement to register.

Under the Data Protection Act (DPA), 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.

That’s the offence that a Hertfordshire estate agent was today prosecuted for, after failing to register with the ICO despite being contacted on three separate occasions. Ray Butler, of Butlers Estate Agents, was convicted under section 17 of the Data Protection Act at Hertford Magistrates Court. He has been fined £300 and has also been ordered to pay £405 towards prosecution costs, as well as a £30 victims’ surcharge.

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.”

Butler had been contacted on three separate occasions by the ICO and reminded of the need to register, but failed to reply on each occasion.

The ICO website contains advice and guidance on how organisations can register, including an online self-assessment tool which companies can use to find out if they need to register.

 

Notes to Editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
 
2. The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.

3. The ICO is on Twitter, Facebook and LinkedIn. Keep up to date on the ICO blog and e-newsletter.

4. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:

• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than is necessary
• Processed in line with your rights
• Secure
• Not transferred to other countries without adequate protection