Notify or pay

A solicitor is fined for non-compliance with the Data Protection Act 1998.

A solicitor is fined for non-compliance with the Data Protection Act 1998.

The web site of the Office of the Information Commissioner is currently giving some high-profile publicity to the successful prosecution of a solicitor on the basis that his firm failed to notify under the Data Protection Act 1998. The solicitor was prosecuted in the magistrates' court and, having pleaded guilty, was fined £3150 and ordered to pay £3500 towards prosecution costs.

The fact that the solicitor ended up being prosecuted may have something to do with the fact that, apparently he was contacted more than five times by the Office of the Information Commissioner over a period of two years and still failed to notify.

Under the Data Protection Act 1998, a business that processes personal data is likely to be required to lodge a notification with the Information Commissioner, a simple matter of filling in a form and paying a fee of £35 per year.

Interestingly, in the press release quotes the Information Commissioner is saying that:

"In the past year alone my office has prosecuted seven solicitors. Solicitors and other professionals should be setting an example to others on how to follow the legislation that is in place."