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I agree with Antoinette - I've always been puzzled that there are so few criminal sanctions in the DPA.

Charles 


Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU

Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask] 
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Carter, Antoinette (MCS)
Sent: 22 November 2007 17:13
To: [log in to unmask]
Subject: Re: Commissioners - New Powers

Isn't the six million dollar question here whether the power to "spot check" HMRC would have prevented this latest breach?  I say probably not.  What Mr Thomas really needs, in my humble opinion, is the ability to fine after the event at an appropriate level.  Perhaps not at the same level as the Spanish ("no-one expects the Spanish Information Commissioner" is an often humorously mis-quoted Monty Python quip in our Madrid office) but certainly something more meaty than the threat of an Enforcement Notice (ooh I'm so scared - not)

Antoinette Carter
Consultant
Information Governance
Marketing and Customer Services (MCS)
Tel: ++44 (0)207 389 4970
Fax: ++44 (0)207 389 4754
Email: [log in to unmask]

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Matthew Stephenson
Sent: 22 November 2007 16:55
To: [log in to unmask]
Subject: Re: [data-protection] Commissioners - New Powers

Gerry, 

The 10 Downing Street page says: "Information Commissioner Richard Thomas will be given the power to "spot check" departments and examine the quality of compliance."  

"Will", not "has been".  So it seems that its not yet sorted.

If more money and extra resources are needs as GC Weekly suggests, I'd suggest the HMRC gets fined.  In April, the Spanish fined a TV company over €1,000,000 after hackers got hold of information relating to 7000 people.  Extrapolating that to cover 25 million people would be £2½ Billion!

We, the taxpayer will end up paying in the end of course. 

Cheers
Matt

Matthew Stephenson
Head of Compliance
Information Services Division
University of Salford
The Crescent
Salford M5 4WT
 
Tel: 0161 295 6856
Fax: 0161 295 6339
Email: [log in to unmask]
Web: www.isd.salford.ac.uk/governance



-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Gerry Dane
Sent: 22 November 2007 15:11
To: [log in to unmask]
Subject: [data-protection] Commissioners - New Powers

Dear All,

Extract from GC Weekly:

"The Information Commissioner's Office has now been given the power to make data protection spot checks without having to gain the prior consent of organisations. But more money and extra resources are needed if it is to make the full use of these powers and enforce when necessary."

Have been in touch with the ICO and also checked their Press Releases - nothing.

Everyone seems to know about these powers - but unable to point to any recent documentation?

Anyone able to help out?


Gerry.
Newcastle University

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