A TRAINING company which used the internet to boost its business has pleaded guilty to not being registered under the Data Protection Act.
Training Direct UK Ltd, which is registered at Steeple Ashton, near Trowbridge, is the first company in north and west Wiltshire to be prosecuted under the Act.
At North West Wiltshire magistrates' court in Trowbridge last Friday, company director Peter Taylor admitted the offence under the Act, which prevents information about people being posted on the internet without their permission.
Prosecuting on behalf of the Data Protection Commissioner, solicitor Mike Pulsford said a complaint was made against the company by someone whose details appeared on the website.
Inquiries found that under the Act, Training Direct, which trades on the internet as Trainers Village, was not registered to hold data about people.
Mr Pulsford said: "It is the first prosecution in this division under the Data Protection Act 1984."
He said after receiving an e-mail from Trainers Village about its expansion on to the internet, the complainant contacted the Steeple Ashton firm to object to his information being on the site.
Mr Pulsford said that Ian Hambly of Trainers Village had replied, apologised, and made arrangements for the details to be removed.
Mr Pulsford said Mr Hambly had been interviewed and it had been pointed out that the company was not registered.
As result of this interview on February 4, Hambly inquired about enrolling on the Data Protection register and that registration was completed on March 14, Mr Pulsford said.
He said that for companies to comply with the Act, the information must be used for lawful purposes.
Because it is the first prosecution of its kind in the area, Training Direct director Peter Taylor and employee Ian Hambly spoke in their own defence because they could not find a solicitor who was up to speed with the Act.
Hambly said the company had been set up three years ago to link trainers with the companies and organisations which needed it.
He said they had been linking trainers originally by telephoning contacts.
"It had then been decided to create a self-service style website for trainers and companies to access," he said.
Hambly said trainers had been given special access codes so that only they could change any details or delete their details completely.
He said 95 per cent of those asked if they wanted to appear on the website had agreed to do so.
"We recognised that we were not members, but needed to be, and contacted them as soon as possible," he said.
"Once we'd fully completed forms, all our procedures and policies were in complete synchronisation with the Act, and we did not have to change anything to comply.
"Ours is a plea of ignorance and naivete and while I know it is no defence, we did actually raise the point about how we are meant to know about this Act."
Taylor said: "We are guilty of the offence for which we are really sorry."
Magistrates fined the company £450 and ordered it to pay £300 costs.
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