The
Information
Commissioner's Office (ICO) has located and seized a secret database
containing personal information on over 3,000 UK construction workers, used as a
vetting tool by more than 40 construction companies.
The 15-year old database of 3,213 workers includes details such as employment
history and personal relationships, trade union activity and political leanings.
"This is a serious breach of the
Data
Protection Act [DPA]. Not only was personal information held on individuals
without their knowledge or consent, but the very existence of the database was
repeatedly denied," said deputy information commissioner David Smith.
The database was uncovered during a raid by the ICO on a company called The
Consulting Association, based in Droitwich, West Midlands, on 23 February 2009,
following an article printed in The Guardian in June last year.
Evidence found at the site indicated that around 43 well-known construction
companies paid an annual fee of £3,000 to The Consulting Association's owner,
Ian Kerr, to access the database. Subscribers were allowed to add and update
information on new and existing workers, and could obtain details on individuals
listed in the system for a fee of £2.20.
"The covert system enabled Mr Kerr to unlawfully trade personal information
on workers for many years, helping the construction industry to vet prospective
employees," said Smith.
"On raiding Mr Kerr's business premises we discovered an extensive operation
involving household names in the construction industry. Kerr held information on
thousands of construction workers, and profited by checking names against his
database."
The ICO has served an
Enforcement
Notice (PDF) instructing Kerr to stop using the system, and to cease trading
by the end of the week. He now faces prosecution for breaching the DPA. The ICO
confirmed that Kerr had ceased trading, and had vacated his business address.
"We will prosecute Mr Kerr, and we are also considering what regulatory
action to take against construction firms who have been using the system," said
Smith.
"I remind business leaders that they must take their obligations under the
DPA seriously. Trading people's personal details in this way is unlawful, and we
are determined to stamp out this type of activity."
The ICO also announced that it will open a dedicated enquiry system from 16
March for people who believe that personal information about them may be held on
the database, and is asking people not to contact the ICO before that date.
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