Kent Solicitors

Many solicitors and others use enquiry agents. What if the enquiry agent fails to act lawfully? Will you be responsible?

Many turn a blind eye to illegal activities carried out by the enquiry agent in particular, breaches of Data Protection Act 1998.

However, if an enquiry agent commits an offence, the person instructing him is potentially liable for the offence of procuring the breach.

Traditionally, the authorities have focused on those who have committed the offence, rather than those who have procured it. But, the Information Commissioner has said: It has since been made clear that the prosecution ground rules have been changed and those instructing enquiry agents are far more likely to be prosecuted than in the past.

Accordingly, instruct a reputable enquiry agent and tell him in your instructions that under no circumstances, will illegal activity or breach of regulatory codes or statutory frameworks be condoned.

Remember also that apart from the criminal sanctions, there is the possibility of a damages claim from the person whose data protection rights have been breached.

Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 http://www.kentsolicitor.co.uk/

Labels: Enquiry agent: employer liable