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If it is not an important part of the law, why is it a strict liability
offence?
It is not hard to register. The fee is not onerous. And the law is only
"bad" because the regulator does not enforce it. The basic principles are
sound and the wording is capable of being understood. It is good law. It
is simply the lack of enforcement that is bad.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Martin Hoskins
Sent: 13 February 2006 17:16
To: [log in to unmask]
Subject: Re: [data-protection] BT SMS Self Service
The notification issue is an example of the fine line that the OIC is
required to take when regulating and enforcing the ACT.
For me, the issue of enforcing notification is the same as a "sensible"
regulator deciding whether (or how seriously) one should enforce a "bad"
law.
We have to accept that the issue of notification was given to us through the
Data Protection Directice. The Directive requires some element of
registration whether we like it or not, even though for most of us it
appears to be a bit (or a huge) waste of time. So, if its a pretty pointless
exercise, should we get too worked up if the regulator doesn't pay much
attention to the issue? I think not.
Given the huge resource limitations of the OIC, I for one am quite relieved
that it chooses to go after those who commit the most flagrant breaches of
the law and carry out real damage on private individuals, rather than
concentrate on those who make minor infringements.
Its just an issue of prioritising resources on the most important issues - a
problem we all face in our daily lives.
--------------------------
Sent from my BlackBerry Wireless Handheld
-----Original Message-----
From: This list is for those interested in Data Protection issues
To: [log in to unmask]
Sent: Mon Feb 13 16:29:25 2006
Subject: Re: BT SMS Self Service
For me it's more than just notfication (which they should do away with, or
get better at enforcing). It's the problem with attitude. Business will only
do something when there is a pressure from somewhere - public, Parliament
etc.
You can do what you like to put forward why taking Information Privacy
seriously has business benefits, but there is obvious cost involved, and
unless there is a driver sufficient to get the car started (forgive the
analogy), it won't happen.
Think back to the Health & Safety Act, it came about 20+ years ago but it's
only in the past 8 years or so that it has really started to be taken
seriously by most businesses. I think that the DPA is potentially the same,
it will take a while for the momentum to build up and then it will become
all pervading (maybe).
However in the meantime us evangelists are trying to preach the gospel to a
heathen community! Fortunately there are plenty of businesses out there who
are willing to move forward, and they are the ones who will have a head
start.
Simon.
-----Original Message-----
From: Tony Bowden [mailto:[log in to unmask]]
Sent: 13 February 2006 16:17
To: [log in to unmask]
Subject: Re: [data-protection] BT SMS Self Service
On Mon, Feb 13, 2006 at 04:00:57PM -0000, Simon Howarth (RGC) Interim
Information Governance Manager wrote:
> Unfortunately I get this response from some organisations. Most are
> aware
of
> the need to notify, but it's very low on the prioity list when they
realise
> that the ICO has no teeth.
You say it's unfortunate, but is it really?
As has been mentioned here several times, it's really little more than yet
another tax on having a business. What benefits are there for a small
business to notify? Surely most only do it because they believe they have
to?
If there's no come back for those who don't, then why bother?
(Of course I'm not saying that everyone shouldn't ahere to all the
principles of data processing etc, this is just about notification)
Tony
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