Thousands of agents breaking privacy protection law

News Category: Industry News

Thousands of estate agents and letting agents are unwittingly breaking the Data Protection Act and could face prosecution, the official privacy watchdog has warned.

The Information Commissioner’s Office believes that a large number of agents are failing to notify it that they are handling people’s personal information.
 
It is a legal requirement under the Data Protection Act for all organisations handling personal information to tell the ICO. As property agents routinely process personal data, such as financial information, the ICO is warning that they need to notify it as a matter of urgency.
 
Currently only 3,734 estate agents and 1,416 lettings agents appear on the ICO’s public register, which makes up a tiny proportion of the industry. It even means that most NAEA and ARLA members have not registered.

Mick Gorrill, head of enforcement at the ICO, said: “We want to work with the industry to ensure all property agents meet the legal requirement to notify us that they are processing personal information. A targeted approach working with stakeholders and membership bodies has proved highly successful in other sectors. We will be writing to organisations providing them with advice and encouragement to notify.
 
“However, if that encouragement is ignored, we will take action against those who flout the law. The message is very clear – notify with the ICO or face regulatory action.”
 
In 2009/10 there was a 15% increase in notifications. The ICO saw a surge in notifications among private doctors and solicitors following targeted campaigns. In the same period the ICO successfully prosecuted seven organisations and individuals for failing to notify. The fee for the majority of organisations remains £35.
 
Advice and guidance on how organisations can register with the ICO can be found here

 
The public register of data controllers can be accessed here



Article courtesy of Estate Agent Today Sign up for EAT newsletter