Out-Law / Your Daily Need-To-Know

Out-Law News 1 min. read

Information Commissioner on his privacy role over 2002 2003


In the last 12 months, Britain's privacy chief and his 197 staff handled just over 12,000 requests from the public on whether data protection law is being complied with and he has taken a total of 91 offences to court, according to the annual report of Information Commissioner Richard Thomas, published yesterday.

Announcing the release of the report, Mr Thomas took the opportunity to launch his Make Data Protection Simpler project.

"Since taking up the post seven months ago, I have heard a lot of negative comment about the complexity of data protection, he explained, "and this unfortunately is getting in the way of ensuring that real protection is achieved in practice."

The new project will focus on quick changes that can be made without waiting for a Parliamentary Bill, such as policy amendments, or changes to secondary, rather than primary legislation.

Mr Thomas is urging organisations and individuals to come forward with their own ideas on what they would like to see simplified and made more effective. A more formal consultation has been planned for autumn this year.

But most attention right now will be on the content of his first annual report since taking office in December 2002, particularly his enforcement action.

The total of 91 offences taken to court in 2002/2003 is a significant increase on last year's total of 66 and just 23 in the year 2000/2001. Of the 91 cases, 80 resulted in a finding of guilt of which only two resulted from the offence of being an unregistered data user (under the 1984 Data Protection Act).

Under the 1998 Data Protection Act, there were 33 convictions during the year for unlawfully obtaining personal data; just one conviction for disclosing personal data; and 20 convictions for unlawfully selling personal data.

The London Borough of Islington faced the biggest financial penalty of the year after its conviction under the 1984 Act's rules on unregistered holding of data – being a fine of £3,000 plus an order to pay costs of £2,350.

Among other information in the report is news that a much-needed upgrade to the Commissioner's web site is scheduled to go live this month, which promises to improve access to the office's information and publications.

The report can be downloaded as a 104-page PDF from this page of the Information Commissioner's site.

Comments and suggestions for the 'Make Data Protection Simpler' project should be sent to: [email protected]

An exclusive interview with Richard Thomas will feature in the next issue of OUT-LAW Magazine (Issue 8), out September 2003. Sign-up for a free subscription.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.