The data protection laws are ‘policed’ by the ICO. They take complaints of data breaches and often ‘nuisance’ calls, text messages and emails. Much of their work focuses on breaches of PECR 2003.

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They are a fair regulator but have a job to do. If matters appear serious enough, they may start an investigation which may result in formal enforcement action and often a hefty fine. They also have the power to pursue directors personally.

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If this is you, then take proper legal advice as early as possible. There are often innocent explanations for what appears to have gone wrong, so all may not be lost.

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I have defended many companies under investigation and avoided matters escalating. I am well known to the ICO and have visited their offices many times to resolve client issues.

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So, if you are alleged to have fallen foul of the data protection laws, you should get in touch.