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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Are there any circumstances in which an estate agents (commercial

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Are there any circumstances in which an estate agents (commercial and residential) shouldn't be registered with the Information Commissioners Office as a data processor - I saw that the ICO had a blitz on Estate agents in 2012 and have prosecuted several for failing to register - is there a cut off in terms of number of employees or turnover and is registration mandatory or a legal requirement. If they are breaking the law aside from notifying the ICO what legal avenues are open from a personal perspective if the ICO are too busy
Hello my name is ***** ***** I will help you.
If they process any data which is personal to an Individual then they must register. So tenancy agreements, credit checks, leggings etc. they have this data on file so must be held secure and therefore must register with the ICO.
It's only about £35 a year so not even very expensive.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Thanks - the second part of my question was about what i could do aside from complain to the ICO about them not registering (which i've already done) can a private solicitor send them a strongly worded letter on my behalf, can i bring a private prosecution?

No you can't bring a private prosecution, you have suffered no loss. If you had then you could. Only the ICOs a power to prosecute for not being registered.
Does that help?
Customer: replied 2 years ago.

my understanding is that any person can institute criminal proceedings? in this case do i need to have suffered a loss

6Prosecutions instituted and conducted otherwise than by the Service.

(1)Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.

(2)Where criminal proceedings are instituted in circumstances in which the Director is not under a duty to take over their conduct, he may nevertheless do so at any stage.

It will cost you around £15,000 to issue proceedings yourself. It's very expensive and very complex, you won't be able to do this without representation. You would need a solicitor to draft papers and a barrister to represent you. You could have a public access barrister. The costs are about £150-£250 an hour. Therefore it's simple maths how it works out.
Even if you get a conviction the court does not have to award all your costs, it can award a lower amount.
Does that clarify?
Customer: replied 2 years ago.

thanks - money isn't an object, however neither is seeing through a prosecution for the public good. For full disclosure my wife was bullied considerably whilst working here and whilst we don't want to take that matter forwards for reasons of her own health, sometimes a letter from a solicitor reminding people they are not above the law is resolution and therapy enough. If you want to write to them reminding them of their obligation i'd be happy to pay if not Thanks for your help thus far.

Sadly I can't write to them as this is a question and answer site. I am not permitted to send letters etc unfortunately. However you can get a solicitor from the high street to do that, but it's likely to cost around £250 or so.
Can I clarify anything else for you today please?
Ash and other Law Specialists are ready to help you

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

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