Precisely.
So is it not about time that our regulator started to regulate?
Unenforced law is bad law. While one can argue that enforced laws are by no
means all good laws, one can at least see that the law is being upheld.
If the UKIC's office and the UKIC will not enforce and uphold the law then
the law should go. There is, of course, an alternative position here. But
we have so far had several regulators who seem not to be overly concerned
with enforcement.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 19 March 2005 10:06
To: [log in to unmask]
Subject: Re: [data-protection] notify
Tim Trent on Friday, March 18, 2005 at 9:14 PM said:-
> I come back to my "from time to time rant". Enforce the law or repeal
> it. And frankly the good guys have put in so much work to get it right
> that a government attempting to repeal it ought to be shot. Or should
> we just remove the words "attempting to repeal it"? Oh no, wait.
> That's probably incitement to shoot the government.
Repealing the DPA would not make any commercial sense in today's world.
Provided it is accepted that the international human rights instruments are
valid and beneficial as a whole, repealing the DPA would lead to a mosaic of
other laws (regulatory and case law) largely covering the same ground, but
which would be more difficult to relate to each other. Surely no government
in their right mind would wish to compromise international trade, let alone
complicate their own legal system, to that extent!
There is a difference between having overarching regulation covering a
complex area, which is linked to by other supporting regulations, than
distinctly separate pieces attempting to relate to each other and becoming
lost in the complexity of it all.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: Friday, March 18, 2005 9:14 PM
> To: [log in to unmask]
> Subject: Re: notify
>
>
> Did we go the same "School of Cynicism"? Yup, I think we
> did. Which of us
> graduated first, I wonder? I tend to call it "Realism" though
>
> I am sure we are not alone in finding it deeply disturbing that the
> law of the land is cherry picked to find soft targets instead of
> hitting at real DPA transgressions.
>
> When the police stop you for speeding you come to a halt.
> Thus you are not speeding any more. BUT they never let you off for
> stopping the car! The UKIC appears to work differently. Stationary
> vehicle = Offence purged.
>
> I come back to my "from time to time rant". Enforce the law or repeal
> it. And frankly the good guys have put in so much work to get it right
> that a government attempting to repeal it ought to be shot. Or should
> we just remove the words "attempting to repeal it"? Oh no, wait.
> That's probably incitement to shoot the government.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
> Sent: 18 March 2005 18:18
> To: [log in to unmask]
> Subject: Re: [data-protection] notify
>
> In a message dated 18/03/05 13:01:15 GMT Standard Time,
> [log in to unmask] writes:
>
> > Most times the UKIC says "Well, you have started to behave,
> so we'll
> > forgive you". They forgave Cahoot, after all. This time
> they issue a
> > swingeing fine. And the daft thing? The Notification per
> se is all
> > so many firms do in order to comply. But in their business
> dealings
> > they drive a coach and horses through the law.
> ------
>
> Not that odd, really, non-registration is much easier to prove.
> Trying to prove the other offences involves a fair amount of work and
> the likelihood of a successful prosecution must be high in order to
> get anywhere near a court.
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
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