I am content to pay the correct amount of tax to fund the services that my
democratically elected government to whom I delegate my part of the
responsibility for the law of the land shows to be justified. The UKIC is
one such service. If the tax has to rise to pay for the services I require
then I dislike it but also agree the necessity.
If I perceive that my tax is wasted or badly spent I then become
discontented and make democratic representations to my elected
representative in order to seek to persuade him to do something about it.
I contend that laws should either be enforceable and correctly enforced,
should go if not enforceable, or that the enforcers should receive sanctions
against them if they fail to show the public "Justice being done and being
seen to be done". I include the use of discretion in the correct
enforcement of the laws where such discretion is seen as both appropriate
and justifiable. Publicised enforcement and court cases against more than
the "soft underbelly" will do more to promote compliance than almost
anything else.
A valid question is "Should we move towards the Spanish model where fines
pay for the Spanish regulator's business model?"
I am quite keen on better school dinners, too :)
-----Original Message-----
From: Graham Lewis [mailto:[log in to unmask]]
Sent: 22 March 2005 11:52
To: 'Tim Trent'; [log in to unmask]
Subject: RE: [data-protection] Bad Law? (was Interview notes)
Surely the discretionary compliance is a function of the ability of the OIC
to enforce compliance. No doubt the OIC would wish to see 100% compliance
with the Act. I would imagine that the OIC, like other public organisations,
is working to fixed budgets. Cutting coats and the size of the cloth spring
to mind. Would you be happy to pay higher taxes to fund more compliance
officers at the OIC. I think I can guess the answer.
Graham Lewis
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: Tuesday, 22 March 2005 11:31
To: [log in to unmask]
Subject: Re: [data-protection] Bad Law? (was Interview notes)
I have just had a lovely conversation with a lady who said "By the way, is
the maximum sanction under FoI a cross letter from the UKIC?" She said it
tongue in cheek, of course. But she also receives FoI requests. Lots of
them.
So, it seems not only the DPA is regarded as the butt of humour. And
"discretionary compliance" seems to hold good there, too.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 22 March 2005 11:07
To: [log in to unmask]
Subject: Re: [data-protection] Bad Law? (was Interview notes)
Lewis, Chris G. on Tuesday, March 22, 2005 at 9:40 AM said:-
> And I would say that whetehr a law is "good" or not depends on how
> many people follow it, and given the large number of companies, small
> and multinational, who come to us for data protection advice and
> audits, I'd say it's taken fairly seriously.
As has already more or less been intimated though, the DPA is also
frequently treated as a joke.
[snip]
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