Regulation (EC) No. 2006/2004

Mr. Hayes
To ask the Secretary of State for Trade and Industry what information is (a) exchanged, (b) stored and (c) passed on to non-EU countries in connection with Regulation (EC) No. 2006/2004; what right of access individuals have to data on themselves so held; which agencies are expected to seek access to such data; what the aim is of the legislation; and if he will make a statement.

Mr. McCartney
The aim of Regulation (EC) No. 2006/2004 is to formalise and improve co-operation arrangements between member states’ consumer enforcement authorities, in order to better combat cross-border frauds and scams. Its focus is on practices that affect the collective interest of consumers, rather than complaints affecting only individuals, and its scope is limited to the 15 pieces of EC consumer protection legislation named in the annex to the regulation.

Basic details of alleged infringements such as business names and details of the complaint will be transmitted from one country’s Single Liaison Office to another’s and then on to the relevant enforcer by means of a secure database.

Access to the database is limited to enforcers designated as competent authorities and national Single Liaison Offices (in the UK, the Office of Fair Trading). Single Liaison Offices will only have access to information relating to requests for mutual assistance which have not been given confidential treatment. Non-EU countries do not have access to the database. The regulation does anticipate entering into arrangements with third (that is, non-EU) countries but none are in place at present, and any future arrangements should have appropriate safeguards.

Data held on the database will be subject to the provisions and protections of the Data Protection Act 1998 (DPA). While the regulation requires us to prevent the subject access provisions of the DPA from being used by business to obstruct the proper functioning of the regulation, we are satisfied that this fact should not cause problems in practice because appropriate safeguards have been built in.