Ah, it's even worse that our initials are TT
I understand your devil's advocacy. But I contend that the law is
already held in contempt, and that lax enforcement can only lead to
increased contempt.
I'm sure they do not discriminate, but I bet they groan!
Tim Turner wrote:
> Just to make a few (as usual Devil's Advocate) observations, and to
> confuse all those people who can't tell the difference between the two
> Tims....
>
> Should there be any humanity in the Commissioner's process? It's not
> the IC's legal role to help the applicant or favour the Data
> Controller, even though they can be seen to do both on occasion.
> Although I've heard that they use the term, the Information
> Commissioner's office does not have "customers". They have a role to
> make assessments under DP, and a discretion to exercise powers under
> PECR. They should decide if there's a breach, and if so, whether with
> their limited resources, there is any point doing something about the
> breach. If not, they should drop it instantly. If there is no breach,
> no matter how bad the customer service or whatever else they might
> find, they should drop it instantly.
>
> I don't think the Commissioner should make an example of people who
> haven't previously notified but have decided to in response to a
> complaint. The prosecutions cost money, and the IC can already show
> prosecutions of genuinely recalcitrant organisations as a deterrent.
> Enforcement is not an end in itself - it should be used for people who
> refuse to comply. Getting a non-notifier to do their bit is a success.
> Prosecuting them is expensive gold-plating and diminishes the
> incentive to notify voluntarily.
>
> I hope you'll forgive me for observing that while the IC shouldn't
> discriminate against regular complainers, one way to speed things
> up is to ration complaints to ones that matter. The Crematorium one
> sounded important - when the "wrong thing" hits a phone or inbox, is
> it a valid use of the Commissioner's resources to ask them to look at it?
>
> Regards
>
> Tim Turner
> Wigan Council
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