MINISTRY OF JUSTICE
News Release (150/08) issued by COI News Distribution Service. 24
November 2008
The Information
Commissioner is to be given tougher powers to regulate the Data
Protection Act under proposals put forward by Justice Secretary
Jack Straw today (Monday 24 November).
The proposals will enable the Information Commissioner's
Office (ICO) to:
* impose monetary penalties on data controllers for deliberate or
reckless loss of data;
* inspect central Government Departments and public
authorities' compliance with the Data Protection Act without
always requiring prior consent;
* require any person, where a warrant is being served, to provide
information required to determine compliance with the Data
Protection Act;
* impose a deadline and location for the provision of information
necessary to assess compliance;
* publish guidance on when organisations should notify the ICO of
breaches of the data protection principles; and
* publish a statutory data sharing Code of Practice to provide
practical guidance on sharing personal data.
The details of the proposals are contained within the
Government's response to the Data Sharing Review.
Jack Straw Justice Secretary said:
"As new technologies have developed, the secure storage and
careful sharing of personal information held by both the public
and private sectors has become paramount.
"Strong regulation and clear guidance is essential if we are
to ensure the effective protection of personal data.
"The changes we propose today will strengthen the
Information Commissioner's ability to enforce the Data
Protection Act and improve the transparency and accountability of
organisations dealing with personal information. This is very
important if we are to regain public confidence in the handling
and sharing of personal information.
The Prime Minister and I are very grateful to Professor Mark
Walport and Richard Thomas for all their work on the Review, from
which these decisions flow."
The Government also proposes revising the ICO's funding
structure for its work on data protection to a tiered fee
structure based on size of organisation. This will replace the
flat rate notification fee which has not changed since its
original introduction in 1984. It will better reflect the level of
work and provide additional funds for the ICO.
Today's proposals follow a detailed consultation held by the
Ministry of Justice on the Information Commissioner's
inspection powers and funding following recommendations in the
Data Sharing Review published in July 2008.
Legislation will be introduced as soon as parliamentary time allows.
-ends-
Notes to editors
1. The Data Sharing Review by Richard Thomas and Mark Walport was
published in July 2008 and can be found at: http://www.justice.gov.uk/reviews/datasharing-intro.htm
2. The full Government response can be found at: http://www.justice.gov.uk/publications/response-data-sharing-review.htm
3. The Consultation response can be found at:
http://www.justice.gov.uk/publications/cp1508.htm
4. The Information Commissioner's Office (ICO) is the
UK's independent regulator of the Data Protection Act (DPA).
For public enquiries, contact the Ministry of Justice Public
Enquiries line on 020 33 34 35 55
News Release
http://www.justice.gov.uk