Well it's unlikely that Richard Thomas will get his wish to send people to jail for major breaches - given the alleged over occupancy!

>>> Paul Dodgson <[log in to unmask]> 29/01/2007 10:45 >>>
The comment from Chris about powers is interesting.

How many times have we commented that the ICO just do not have teeth,
despite their comments about getting tough?

I, for one, would be interested to hear how often the Spanish
Commissioner has used fines.

Paul

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of POUNDER Chris
Sent: 29 January 2007 10:40
To: [log in to unmask]
Subject: Re: [data-protection] B4U, the outcome

I think the Tribunal case was dropped because either:

(a) the data controller has accepted the enforcement n! otice, or
(b) there was no need for enforcement I.e. the data controller backed
down and changed procedure.

I think it's (a) but I am not sure (i.e. an enforcement notice was
served)

The case reveals an interesting difference between Spanish and UK Data
Protection law. In the UK, the Commissioner cannot fine an organisation
for a breach in the data protection rules. In Spain, the Commissioner
can

C




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