UK Company Sold Workers' Secret Data
krou writes "The BBC is reporting that the Information Commissioner's Office has shut down a company in the UK for a serious breach of the Data Protection Act. It claims that the company, The Consulting Association in Droitwich, Worcs, ran a secret system that it repeatedly denied existed for 15 years, selling workers' confidential data, including union activities, to building firms, allowing potential employers to unlawfully vet job applicants. About 3,213 workers were in the database, and other information included data on personal relationships, political affiliations, and employment histories. More than 40 firms are believed to have used the service, paying a £3,000 annual fee, and each of them will be investigated, too." The article says that The Consulting Association faces a £5,000 fine — after pulling in £1.8 million over 15 years with its illegal blacklist.
It's only now they've computerised the records that they can use the Data Protection Act to prosecute.
That's not true. The DPA covers "information which ... (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system", where "relevant filing system" is defined as "any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible."
...what a surprise.
The article does not say that the company is being fined £5000; it's the owner himself who faces prosecution, and hence a criminal record.
The company has been shut down. Its owner faces prosecution *and* a £5000 fine (and for a case like this they will go for the maximum penalties).
Also all its customers are now under investigation and also face possible prosecution.
Also both the original company *and* its customers are wide open for legal action against them if they denied anyone a job because of this data.
That's a pretty fucking heavy disincentive for anyone doing it again.