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Thousands of agents breaking privacy protection law

15 September 2010
Written by rosalind renshaw

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

Comments

  • icon

    We have been registered since the beginning. It's not that difficult but I can see that some businesses might be confused. Some advice from the trade bodies on the appropriate set of purposes to notify would be helpful, and might encourage the defaulters.

    • 10 December 2010 17:24 PM
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    I think it is a very good idea to keep this information safe, Lettings agents and sales agents are busy people.
    If you are charging huge admin fees then it is only right that you use this money to control the data that we are forced to provide.

    If you disagree then please feel free to make your entire facebook profile public and post your full name and bank account details.

    Thanks
    Your pal Ted

    • 16 September 2010 11:20 AM
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    Im registered with the ICO and, yes, I thought it was more red tape. But I think differently now as I do know they do their job. A couple of years ago, I found a large package on the pavement. It was open and the package was clearly sent from a major high street bank. I phoned our local branch and they asked me to look inside. So I did and I was gobsmacked to find about 50 sets of photocopied passports, driving lisences, utility bills and application forms for their clients. The bank manager came to collect them straight away. He was not happy but I think he was thankful that the details hadn't been sent from his branch. We both agreed that the matter should be reported to the ICO. I had a personal phone call from the head of the ICO that afternoon and about 3 weeks later he contacted me again with the results of the investigation. He also kept in the touch with the bank manager who was relieved to know that they had followed all their procedures correctly and the investigations focussed on the courier company used.

    There are companies out there who will pursuade you to let them register you with the ICO for a fee. I really would not use them - just go to the ICO directly. The form is easily completed.

    • 16 September 2010 10:28 AM
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    I'd generally agree that there are some things which are over-regulated some, totally needlessly and some not regulated/ policed nearly enough.

    That being said, it remains the Law, whether we like it or not.

    You'll spend more time and money on tea and coffee each year than you will on this; it's not worth the effort to argue over. Thus endeth my two penny'worth

    • 15 September 2010 18:49 PM
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    This is not about controlling data - it is about controlling people and businesses that hold the data. Like most quango types these 'controls' are another layer of ineffective legislation. It doesn't prevent anything serious. Crooks get the info by one means or the other. Just read the press.

    • 15 September 2010 15:41 PM
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    @ Chris, Brian and Wooden top.
    I have just set up a company thats backed by the government and you must register with me to say that you keep your keys locked up saftley. I have told the government that I will be out to check on you regularly but you will never see me. It cost you £50 and month to register. Is that ok???
    Easy money this making up rules and regulations lark!!
    I dont disagree that data should be kept safe but I dont need somebody telling me and regulating me to do it then charging me for the sake of it!!! I think I can manage that all on my own now that im no longer 2 years old!!!!!

    • 15 September 2010 14:28 PM
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    Weve been registered since 2001. So simple to do, a quango or not but it is the law so we comply, shouldn't you?

    • 15 September 2010 13:49 PM
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    Couldn’t agree more Chris, get the cowboys out of the industry, this is basics, ignorance of it just shows shoddy business brains, regulate ourselves don’t make me laugh, this is attempt to control the mass of data we all hold and rightly so. Stop reading web blogs and use the time to do the job properly.

    • 15 September 2010 13:32 PM
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    Mine's been automatically renewed since we set up. I get a letter once a year checking whether we are still active and an option to cancel if I so wish. It takes me all of 30 seconds a year to deal with. Doddle!

    • 15 September 2010 12:58 PM
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    This country is probably the most over regulated country in the western world.
    Just HOW is registering with yet another organisation going to protect if someone is intent on obtaining, using and has used, this info illegally? Crooks find a way around everything. Just use good practise & common sense.

    • 15 September 2010 12:56 PM
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    Spot on Chris. Agents who worry about a cost of £35 per annum shouldn't be in this business.

    • 15 September 2010 11:23 AM
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    Sorry folks; I couldn't disagree more with the general consensus on here. I'm quite sure if your personal data was used or acquired by criminals to clone your identity you may think differently.

    At the very least, we need to protect our clients privacy responsibly to prevent misuse by marketing companies at the worst...well, as a soldier expecting to deploy to Afghan next year and as an agent with hundreds of service personnel as customers, private information takes on even greater importance!

    Stop moaning; it takes a few minutes to sort out the forms and should be part of your good practice anyway.

    Interesting to see which of my competitors take their clients data security, I feel another USP coming on! ;)

    • 15 September 2010 10:28 AM
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    I'd never heard of them. It just seems to be yet another stealth tax and a way of extorting money from hard-pressed agents, with the sole intention of keeping otherwise unemployable non-entities off the dole queue. What an utter nonsense and waste of time. I'm wound up in so much red tape, I'm starting to choke.

    • 15 September 2010 10:24 AM
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    An excellent example of Quangos trying to justify their existence.
    Come on David get shot of them ASAP

    • 15 September 2010 10:09 AM
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    What is the point of this Government body other than to employ persons from the unemployment register?

    Come on David Cameron and Nick Clegg stop this left over from stupid Labour please.

    • 15 September 2010 09:53 AM
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    blah, blah, boring nu labour blah. Clipboard, non-job brigarde no-one cares about, or pays any attention to anymore. The only reason we have this lot is because government workers keep losing databases, but no-one does anything about it anyway. The Data Protection Act is the local coucil's excuse to get you off the phone quicker if you have managed to outlast the call queing system.

    • 15 September 2010 09:40 AM
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    Looks like you all need to get things sorted out QUICK!

    • 15 September 2010 09:36 AM
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