Recent ICO enforcement action over the trade and use of illegally-obtained data

If you’ve ever been left wondering just how the latest marketing company managed to get hold of your information, the reason can actually be very simple.

There are loads of companies out there who hold your data, and some may pass on or sell your data for profit; even when they’re not actually allowed to. Sometimes, it can be a lack of understanding as to how the data laws work, but most of the time it’s probably just a way of making easy money on the basis that they hope they won’t be caught.

But the UK’s data watchdog, the Information Commissioner’s Office (ICO), is often on the case!

Here are two recent data protection breaches committed through the illegal trade and illegal use of data obtained and disclosed without proper consent and permission:

Accident claims data trade case

Standard: an accident claims company using illegally-obtained data. We are, of course, a law firm ourselves, but we have never engaged in this kind of behaviour, and we never will.

In this case, Philip Bagnall pleaded guilty to unlawfully obtaining personal data for 2,724 customers of his former employer, Nationwide Accident Repair Services Ltd. Those whose data was illegally passed on were then contacted by another third-party to try and get them to pursue claims.

Remarkably, in this case, Mr Bagnall was apparently approached by someone in a pub who paid him around £1,000.00 for the data.

Here’s one classic example of how you can be contacted about an accident you’ve had when you’ve never actually consented for your data to be passed on. The kind of horse-trading that goes on over data of this kind can be lucrative.

The curious case of a road traffic accident and a private registration plate

A director of an accident claims company, Miles Savory, was recently prosecuted having plead guilty to unlawfully obtaining personal data of an individual.

Mr Savory invented a fake road traffic accident so he could trace an individual through the DVLA. Savory then used the data he obtained to send a letter to the individual requesting to purchase his private number plate. The concerned individual complained to the DVLA and from an internal investigation it was revealed that Savory had fraudulently obtained details of his name and address by submitting the fake accident report.

Savory was fined £335.00 and ordered to pay costs and a victim surcharge of £364.08 and £33.00 respectively.

Yes, that’s right: individuals can be culpable and personally charged and prosecuted!

Image Credit: https://dma.org.uk/event/data-detailed-how-to-buy-and-sell-information-responsibly