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Company sold workers' secret data Firm 'sold worker's secret data'
(about 2 hours later)
The information watchdog has shut down a company which it says sold workers' confidential data, including union activities, to building firms. A company that allegedly sold workers' personal details, including union activities, to building firms is to be prosecuted by the information watchdog.
A raid on The Consulting Association in Droitwich, Worcs, revealed a serious breach of the Data Protection Act, the Information Commissioner's Office said. The Information Commissioner's Office (ICO) said the Consulting Association, in Droitwich, had committed a "serious breach" of the Data Protection Act.
The ICO said a secret system was run for over 15 years enabling employers to unlawfully vet job applicants. The ICO said a secret system had been run for over 15 years to enable firms to unlawfully vet job applicants.
Action is being considered against more than 40 firms who used the service. Unions have called on the government to outlaw "blacklisting" practices.
Past and present customers included Taylor Woodrow, Laing O'Rourke and Balfour Beatty, the ICO added. Around 40 construction companies who subscribed to the scheme would send lists of potential employees to The Consulting Association, who would then warn them about potential troublemakers.
The Consulting Association's owner would also be prosecuted, it said. The information commissioner will need to look into this further to see whether these practices are more widespread and take the appropriate action Business Secretary Lord Mandelson class="" href="/1/hi/uk/7927711.stm">List of database subscribers
"He should have been notified, registered with our office and he wasn't and that's a criminal offence and that's a clear prosecution," said deputy information commissioner David Smith. Some of the notes uncovered by an ICO's raid on the association's offices included descriptions such as "ex-shop steward, definite problems", "Irish ex-Army, bad egg".
The information commissioner will need to look into this further to see whether these practices are more widespread and take the appropriate action Business Secretary Lord Mandelson class="" href="/1/hi/uk/7927711.stm">List of database subscribers "The construction companies that were his customers, we have to investigate and find out just what their involvement is. Other notes related to workers who had raised concerns over health and safety issues on sites, such as asbestos removal.
"But what we're looking to do there is issue enforcement proceedings against those that were involved and that'll put them essentially on notice that if they get involved in this illegal trade again, then they will face prosecution." The owner of the Consulting Association - which is now believed to have ceased trading - faces prosecution and a £5,000 fine if found guilty of breaching the Data Protection Act.
The act outlaws the collection and distribution of secret information on individuals without their knowledge.
Deputy Information David Smith said the company should have registered itself with the ICO and therefore qualified for a "clear prosecution" under the act.
He said he was also deeply disappointed that firms he described as "household names" had been involved in an allegedly illegal system for many years.
He said they would be issued with a legal order not to repeat the offence, and if they breached it they too would face prosecution.
"You would have thought they would have go the data protection message by now," he said.
The firms include well-known construction companies such as Taylor Woodrow, Laing O'Rourke and Balfour Beatty.
Balfour Beatty said it would co-operate with the ICO investigation, and that it did not condone the use of black lists "in any circumstances.".
Other companies either said they would conduct their own investigation, or had "inherited" their links with the Consulting Association from previous firms they had taken over.
The Consulting Association was unavailable for comment.
Blacklisted worker
One worker told the BBC he believed he was on the alleged blacklist, because he had found it hard to get work ever since winning a case for unfair dismissal in 2000.
He said that even though he and fellow workers won their case, and then defeated the firm again on appeal, he had suffered as a result.
"Prior to 2000 I could get work on the most prestigious of contracts, but since then not a single agency has called to offer work," he said.
He said that he had been sacked from three different jobs, and had lost "a couple of hundred thousand pounds" in missed work.
"Even though I was the victim, they [the companies] have punished me ever since," he said.
Business Secretary Lord Mandelson said he was "sorry the practices have taken place" and welcomed the intervention of the information commissioner.Business Secretary Lord Mandelson said he was "sorry the practices have taken place" and welcomed the intervention of the information commissioner.
"He will need to look into this further to see whether these practices are more widespread and take the appropriate action, as he's already done in this case," the minister added."He will need to look into this further to see whether these practices are more widespread and take the appropriate action, as he's already done in this case," the minister added.
'Trouble stirrer' 'Outlaw blacklists'
Not only was the database held without the workers' consent, but the existence of it was repeatedly denied.Not only was the database held without the workers' consent, but the existence of it was repeatedly denied.
Following the raid on 23 February, investigators discovered that The Consulting Association's database contained the details of some 3,213 workers, the ICO said. Following the raid on 23 February, investigators discovered that the Consulting Association's database contained the details of some 3,213 workers, the ICO said.
Data included information concerning personal relationships, trade union activity and employment history, it added.Data included information concerning personal relationships, trade union activity and employment history, it added.
Comments included "lazy and a trouble stirrer", "Ex shop steward. Definite problems. No Go" and "Communist Party". Employers paid £3,000 as an annual fee, and £2.20 for individual details, the ICO said. Invoices to construction firms for up to £7,500 were also seized during the raid.
Trading people's personal details in this way is unlawful and we are determined to stamp out this type of activity David SmithDeputy Information Commissioner Employers paid £3,000 as an annual fee, and £2.20 for individual details, the ICO said. The ICO's revelations led to calls for the government to bring forward anti-blacklisting regulations prepared but they were never introduced.
Invoices to construction firms for up to £7,500 were also seized during the raid. Alan Ritchie, general secretary of the building workers' union Ucatt, said: "Blacklisting remains rampant in the 21st century.
The ICO said it had served an Enforcement Notice ordering The Consulting Association's owner to stop using the system, and expected the company to cease trading by the end of the week. "We will be writing to the government immediately, demanding that they bring forward the existing regulations and introduce them into law immediately. It is the only way to protect the rights of trade union members."
It added that the owner had failed to notify the ICO as a data controller. Labour MP John McDonnell said: "This latest expose of blacklisting demonstrates that blacklisting is still rampant in some industries.
Mr Smith said: "Trading people's personal details in this way is unlawful and we are determined to stamp out this type of activity." "The government must act swiftly now to outlaw blacklisting once and for all.
Alan Ritchie, general secretary of building workers union Ucatt, said: "Take one of the issues that we have in the construction industry: we have just under two people killed every week through bad health and safety practices and if a whistleblower then raises these issues, then obviously he has found his name on this list. "It is widely suspected that the government caved in under pressure from employers' organisations when I raised this issue last time in Parliament.
"He has never had the chance to challenge it. "This new evidence demonstrates that the government needs to act, and act now, to prevent this discrimination that can blight the lives of many workers."
"He has never been able to turn around and say, 'You are classing me as lazy. How can that be?'"
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