Interesting discussion. My own view is that a bad law is one that is
perceived to be so. If the law appears to be enforced in such a way that easy
targets are the only ones attacked, then it appears the real criminals will always
get away and will laugh at the authorities. If it appeared that the only
people prosecuted for speeding or sexual offences were those who could not afford a
decent lawyer then it would indeed be a indicator towards it being bad law.
If the only offences prosecuted were the strict liability offences of a
relatively minor nature - and the offences that had the potential to harm people
were dropped - then it would appear to be a bad law or at least a bad
enforcement policy.
In truth both sides of this argument may be right. Maybe the ICO is only
prosecuting those people who ignore his warnings or perhaps he is only pursuing
those where he knows he will succeed. Both the illustrative cases in this
thread will support both arguments - maybe we should just ask the ICO what his
prosecution policy really is.
I suspect his policy is related to his workload. (Oh you cynic!) ;-)
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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