Information Commissioner issues first Enforcement Order against Website

The Information Commissioner’s Office has handed out its first web enforcement order. The order was given to the website, b4usearch.com, after it was found to be processing personal data in breach of the Data Protection Act. This is the first time the ICO has made a ruling of this kind against a website.

The website, which relies on information taken from pre 2002 electoral rolls, can give details of names, addresses and even maps to the location of individuals’ homes. It is the use of the electoral roll that has exercised the ICO. After 2002, people filling in the electoral roll form could choose to be excluded from the public register, which is often put to use for marketing purposes.

Upon investigation, the ICO found that information used by the website did not comply with the first principle of the Data Protection Act, which states that personal information should only be processed fairly and lawfully.

Individuals could ask to have their personal information removed from the site. However, Raj Banga, the owner of b4usearch.com, indicated that at one point he had so many requests his company could not cope. A written request for removal could take up to 5 days but b4usearch.com set up a premium rate fax, which cost £1.50 per minute and could be used for immediate removal.

Included in the data held by b4usearch.com, were details of a police officer and of a person who had previously been the victim of identity fraud.

Given the potential adverse consequences for personal privacy, the ICO have signalled an intention to take further action against any organisation that doesn’t process personal information in line with the Act."