New to the Commissioner's website. The following is the Commissioner's
summary of the strategy; the link below should take you to the website, from
which you can download full version in Word / .pdf / .rtf format. [if the
link doesn't work, the doc is under 'guidance & publications' then 'our
office policy']
Jane Bartlett
HM Customs & Excise
5th floor west, New King's Beam House
22 Upper Ground, London SE1 9PJ
mailto:[log in to unmask]
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The Information Commissioner's Enforcement Strategy
The Commissioner has reviewed her approach to enforcement in response to the
changes brought about by the Data Protection Act 1998 (the "1998 Act") in
terms of assessments casework. The Commissioner has been aware for some time
that compliance casework has not resulted in a significant amount of
enforcement activity. In the vast majority of cases compliance has been
achieved without the need for such action to be taken against data
controllers. Relying upon such casework as the only means of identifying
compliance issues is necessarily reactive and does not actually reflect the
various different ways in which compliance issues are brought to the
attention of the Commissioner.
In fact such issues have increasingly come to the Commissioner's attention
through reports in various media, through enquiries made by members of the
public which do not amount to requests for assessment as well as, more
generally, through 'monitoring' of external activity such as public
consultation exercises, the passage through Parliament of proposed
legislation and the consequences of technological developments.
The Commissioner's primary aim in reviewing her enforcement strategy is to
take a more pro-active stance in terms of investigating compliance issues
leading to more enforcement action being taken. To do this effectively in
the context of the significant changes that her role and Office have
undergone the review sought to identify the internal structure and system
that might best enable the Commissioner to decide upon and manage a
programme of investigation that will result in the exercise of her formal
enforcement powers under both the 1998 Act and the Freedom Of Information
Act 2000 (the "FOI Act").
http://www.dataprotection.gov.uk/dpr/dpdoc.nsf/ed1e7ff5aa6def30802566360045b
f4d/48ed9cf66b60ea0580256c6100568d93?OpenDocument
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