Blacklisting: Balfour and Kier among 14 firms in worker data ban

Balfour Beatty, Kier and Shepherd Engineering Services are among 14 firms which have been banned from using personal data supplied to them by blacklist boss Ian Kerr.

Kerr was fined £5,000 last month for running The Consulting Association, which provided private information about workers to contractors.

In total, construction companies paid £478,937 between April 2006 and February 2009 for details held on potential workers by Kerr.

Now the Information Commissioner's Office (ICO) has issued enforcement notices agianst 14 of the companies who were provided with information by Kerr.

The notices prevent the companies from using the information Kerr supplied. They are also required to be completely open with job applicants in future if they obtain personal information about them from a third party. It is a breach of the Data Protection Act to use personal data covertly to vet workers for employment.

The 14 companies listed are:

• Balfour Beatty Civil Engineering
• Balfour Beatty Construction Northern
• Balfour Beatty Construction Scottish & Southern
• Balfour Beatty Engineering Services (HY)
• Balfour Beatty Engineering Services
• Balfour Beatty Infrastructure Services
• CB&I UK
• Emcor Engineering Services
• Emcor Rail
• Kier
• NG Bailey
• Shepherd Engineering Services
• SIAS Building Services
• Whessoe Oil & Gas

David Smith, deputy information commissioner, said: “Fourteen firms paid for personal details about construction workers without those people knowing. The individuals were denied the opportunity of explaining or correcting what may have been inaccurate personal information about them and which could have jeopardised their employment prospects in the construction industry. We have used the maximum powers available to us and this enforcement action sends a strong signal that organisations must take the Data Protection Act seriously. Should the firms fail to adhere to the terms of the Notices they could face prosecution.”

The action follows an ICO investigation that found Kerr, of Droitwich, held details on 3,213 construction workers on behalf of the TCA, and traded their personal details for profit.

The ICO seized copies of invoices to construction companies for services, including employment checks on individuals at Kerr’s business premises.