I don't disagree with you; but the fact remains that a law that is not
enforced is tantamount to no law at all. I can't see any reason why
there shouldn't be a "fixed penalty" system in place for
non-notification, for example. But instead the DCA would have us
believe that a max. 2 year prison sentence will make a difference......
Not if they never prosecute anyone it won't. And let's face it, no
judge is ever going to give a custodial sentence for a first offence
under the DPA, are they.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lee Gardiner
Sent: 31 July 2006 10:26
To: [log in to unmask]
Subject: Re: [data-protection] ICO Data Protection Annual Report
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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