More than 40 construction firms are being investigated by the information watchdog for using a secret blacklist to vet workers.
The illegal database contains personal details on 3,213 construction workers including workers' personal relationships, trade union activity, home addresses and job history. Balfour Kilpatrick and N G Bailey are among the firms that the ICO says used the list.
Some of the comments about individuals listed on the database include:
“Caused IR problems on that site (lazy and a trouble stirrer)”
“Poor time keeper will cause trouble strong TU”
'Communist Party'
“A litigious person. His C.V is sound so is employable, but if taken on by com can be difficult”
“Above orchestrated strike action. Issue was one of “British jobs for British Workers”.
One comment called an individual; a “bad egg” while another said: “do not touch!!”
Construction firms subscribed to The Consulting Association's database for a £3,000 annual fee and could add information to the system and the pay £2.20 for details held on individuals. Invoices to construction firms for up to £7,500 were seized by the ICO during a raid on February 23 of the business premises of Ian Kerr, the owner of the firm.
Ian Kerr had run the database for more than fifteen years and in doing so breached the Data Protection Act by unfairly and unlawfully processing personal information. He also failed to notify the ICO as a data controller. heatingandventilating.net was unable to track down Mr Kerr for a comment.
Deputy information commissioner, David Smith, said: 'This is a serious breach of the Data Protection Act. Kerr held information on thousands of construction workers and profited by checking names against his database. We will prosecute Mr Kerr and we are also considering what regulatory action to take against construction firms who have been using the system'.
Smith added: 'I remind business leaders that they must take their obligations under the Data Protection Act seriously. Trading people's personal details in this way is unlawful and we are determined to stamp out this type of activity.'
From March 16, the ICO will operate an enquiry system for people who believe personal information about them may be held on the database.
ICO advice
The Information Commissioner's Office (ICO) has released a list of companies that used The Consulting Association's database. The brackets indicate where companies have undergone a change of name or where subsidiaries have been absorbed by parent companies. 'Ex members' may no longer exist or no longer use the database.
Amec Building Ltd
Amec Construction Ltd
Amec Facilities Ltd
Amec Ind Div
Amec Process & Energy Ltd
Amey Construction - Ex Member
B Sunley & Sons - Ex Member
Balfour Beatty
Balfour Kilpatrick
Ballast (Wiltshire) PLc - Ex Member
Bam Construction (HBC Construction)
Bam Nuttall (Edmund Nutall Ltd)
C B & I
Cleveland Bridge UK Ltd
Costain UK Ltd
Crown House Technologies
(Carillion/Tarmac Const)
Diamond M & E Services
Dudley Bower & Co Ltd - Ex Member
Emcor (Drake & Scull) - 'Ex Ref'
Emcor Rail
G Wimpey Ltd - Ex Member
Haden Young
Kier Ltd
John Mowlem Ltd -Ex Member
Laing O'Rourk (Laing Ltd)
Lovell Construction (UK) Ltd - Ex Member
Miller Construction Limited - Ex Member
Morgan Ashurst
Morgan Est
Morrison Construction Group -Ex Member
N G Bailey
Shepherd Engineering Services
Sias Building Services
Sir Robert McAlpine Ltd
Skanska (Kaverna/Trafalgar
House Plc)
SPIE (Matthew Hall) - Ex Member
Taylor Woodrow Construction Ltd - Ex Member
Turriff Construction Ltd -Ex Member
Tysons Contractors - Ex Member
Walter Llewellyn & Sons Ltd - Ex Member
Whessoe Oil & Gas
Willmott Dixon - Ex Member
Vinci PLC (Norwest Holst Group)