Information commissioner given new powers
The information commissioner is to be given stronger powers to regulate the Data Protection Act (DPA) following a proposal from justice secretary Jack Straw.
The Information Commissioner’s Office (ICO) will now have the power to enforce a fine on the controllers of data who recklessly or deliberately lose personal data.
The ICO will be able to carry out checks, without notification, of government departments and public authorities ensuring that they fully comply with the DPA.
The office can also require any person, served a warrant, to provide evidence that they are complying with the act and determine a deadline and location for the information to be given.
They will also be responsible for publishing guidance for when the ICO should be notified about breaches and for publishing a practical Code of Practice.
Jack Straw said: “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 funding structure will also be revised from a flat rate notification fee, which has been in place since 1984, to tiered structure fee based on the size of the organisation.
This change will better reflect the level of work that the ICO performs and also provide additional funds.
The secretary of state will also have the power to allow or force the sharing of personal information between selected persons, where a case calls for this.
It is hoped that tougher regulations and an increase in accountability will increase public confidence in the government’s handling of personal data.
