Information Commissioner to serve Enforcement Notices

Following yesterday’s prosecution of Ian Kerr of the Consulting Association for his part in compiling a blacklist of construction workers, the Information Commissioner is to use the strongest powers available to him and serve Enforcement Notices on 17 construction firms that paid Kerr for details on workers.

The ICO has written to the firms with preliminary Enforcement Notices which outline that they unfairly obtained personal data from Ian Kerr. Formal enforcement action will follow shortly, subject to any representations made by the companies.

Knutsford Crown Court heard yesterday that construction firms paid Kerr’s firm £478,937 between April 2006 and February 2009.

David Smith, Deputy Information Commissioner, said: “Ian Kerr colluded with construction firms for many years flouting the Data Protection Act and ignoring people’s privacy rights. Trading people’s personal details in this way is unlawful and we are determined to stamp out this type of activity. Kerr’s covert operation denied people their information rights under the Data Protection Act.

“We all have important rights under the Act that enable us to check what information is held about us and to make sure it is accurate.”