Sadly the unwieldy nature of the enforcement process, as has already been
mentioned in another thread, makes it very labour and cost intensive for the
ICO to pursue a prosecution.
As such unless they are fairly sure of getting the right result they often
won't pursue the matter due to the costs involved.
The view of many ICO staff when I was there was the ICO should be
prosecuting everything and even if they lose at least the ICO is being seen
to take action but the commercial realities outweighed the benefits of
following this course of action.
It also doesn't help that the courts are the ultimate arbiter of punishment
in DP and so the final outcome is out of the ICO's hands unlike say the FSA
where they are both judge and jury and can impose penalties as they see fit.
Again there were rumblings at the ICO that if the ICO had similar powers to
the FSA you would see more enforcement and higher fines being used more
often.
Just my twopenneth for a Monday morning.
Lee
-----Original Message-----
From: Carter, Antoinette (MCS) [mailto:[log in to unmask]]
Sent: Mon 31 July 2006 10:12
To: [log in to unmask]
Subject: Re: [data-protection] ICO Data Protection Annual Report
Interestingly this confirms my previous fears as to the level of DP
prosecutions:
April-June 2005: 3
July-Sept: 2
Oct-Dec: 5
Jan-March 2006: 6
A grand total of 16 (up from 12 in 04/05 the ICO proudly announces); 10 of
which were for non-notification....
I wonder if they get performance related pay in the ICO....?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 31 July 2006 09:48
To: [log in to unmask]
Subject: [data-protection] ICO Data Protection Annual Report
Excuse cross-posting
http://www.informatics.nhs.uk/item/1943 drew my attention to the ICO Annual
Report 2005-6.
http://www.ico.gov.uk/cms/DocumentUploads/annual_report_full_version_200
6.pdf
Nick Landau
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