London-based firm ACS:Law is to be scrutinised by the Information Commissioner’s Office over allegations it breached the Data Protection Act.
The firm, which specialises in music and film copyright cases, is at the centre of a major row after a list of alleged web pirates it compiled appeared online.
The list contains the details of more than 5,000 web users who were alleged by the firm to have illegally shared adult films online. It is understood that the list was posted online after an attack on the firm’s website.
The ICO said it would investigate whether the firm, which is also being investigated by the Solicitors Regulation Authority, breached the Data Protection Act by failing to protect its servers form hackers. If found guilty it could face a £500,000 penalty.
An ICO statement said: “The ICO takes all breaches of the Data Protection Act very seriously. Any organisation processing personal data must ensure that it’s kept safe and secure. This is an important principle of the act.
“The ICO will be contacting ACS:Law to establish further facts of the case and to identify what action, if any, needs to be taken.”
ACS:LAw did not return calls for comment.
Readers' comments (15)
Zafar | 28-Sep-2010 12:27 pm
ACS has reacted so foolishly. How could they act against the law, being a law firm themselves. It is unacceptable
Unsuitable or offensive? Report this comment
BigOmar | 28-Sep-2010 2:48 pm
Wrong, Just Wrong, there was no Hacking of his website, a Denial of service only floods the site with more data than it can handle, forcing it to go offline. the leak occured because of incompetance on the part of the System Administrator of the firm, who did not notice that a backup copy of the email database was on a publically facing server. The mere fact that ACS Law stored emails containing xls spreadsheets containing private information is enough to close this firm down.
Unsuitable or offensive? Report this comment
Anonymous | 28-Sep-2010 3:08 pm
Will all those whose names have been disclosed have claims against the ACS Law?
Unsuitable or offensive? Report this comment
John | 28-Sep-2010 3:42 pm
If I've got this right, the 'victims' of the breach of the DPA are the guys who were downloading and sharing porn films. Ex turpi causa non oritur actio (i.e. no cause of action from shameful behaviour by the claimant)? Maybe times have changed since I was a law student.
Unsuitable or offensive? Report this comment
Anonymous | 28-Sep-2010 4:43 pm
John,
The names are those of account holders who were being accused of having their accounts compromised and used to download porn. This simple fact does not appear on the file, merely that a name is associated with a particular work.
While I am sure some of the accused have downloaded porn or have authorised others to do so, there are a great number of completely innocent people listed.
In addition there are several technical reasons why the evidence amassed by ACS law wouldn't stand up in court. Some of the reasons were disclosed to the principle by a QC and others by his paralegals.
In addition there is no third party peer reviewed evidence as to the accuracy of the monitoring software.
Unsuitable or offensive? Report this comment
Observer | 28-Sep-2010 5:08 pm
John,
You seem a bit off the pace here. Even if (and it's a mega if) all those on the list had been downloading porn, it's legal, and they were doing it in the expectation of privacy.
Have a look at what the courts have been doing recently. They have been issuing super injunctions to protect the privacy of famous people when they get up to no good.
Unsuitable or offensive? Report this comment
Stephen Butler | 28-Sep-2010 8:01 pm
Hi.
I have received letters from ACS Law trying to get money out of me for illegal downloads. Something that did not happen. Can anyone tell me where I can see this list?
Thanks
Unsuitable or offensive? Report this comment
Anonymous | 28-Sep-2010 10:20 pm
ACS:Law - its the biggest joke ot the 21 century !
Unsuitable or offensive? Report this comment
Anonymous | 28-Sep-2010 10:56 pm
All UK citizens are encouraged to contact their ISPs and demand they release an official statement ensuring they will NEVER give up any details to the ACS:Law scammers and Andrew Johnthan Crossley.
Unsuitable or offensive? Report this comment
horace | 29-Sep-2010 10:16 am
Where's the list?
Unsuitable or offensive? Report this comment