I believe she is referring to the issuance of an order to enact the
requirements of the Criminal Justice Act. Indications are from the 'Data
Sharing Review' just published to the Prime Minister that the ICO wants
the powers to be in place by the 8th November ie within 6 months of the
CJB receiving Royal Ascent.
It also states in the Data Sharing Report that the level of fine the ICO
is looking for are similar to those that the FSA have ie a percentage of
turnover. This could be considerably large numbers.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Andrew Cormack
Sent: 16 July 2008 13:22
To: [log in to unmask]
Subject: Re: [data-protection] Looking for the new teeth
Roland
I'd imagine that she's referring to s.77 of the Criminal Justice and
Immigration Act 2008.
If so, 'brought forward' means *has* introduced, but what has been
introduced is the power to make the order amending the penalty, not the
order doing so. So the power is new, but as far as I know the DPA hasn't
been amended (yet).
As far as I can see the change is that it now only needs an SI to
introduce custodial sentences for the DPA s55 offence, not new primary
legislation. When and if that SI might appear, I've no idea.
HTH, though the more I try to explain it the more confused I get :-(
Andrew
--
Andrew Cormack, Chief Regulatory Adviser JANET(UK), Lumen House, Library
Avenue, Harwell Science and Innovation Campus, Didcot, OX11 0SG, UK
Phone: +44 (0) 1235 822302
Fax: +44 (0) 1235 822399
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Roland Perry
> Sent: 16 July 2008 12:44
> To: [log in to unmask]
> Subject: Looking for the new teeth
>
> On 3rd June Baroness Vadera (BERR) wrote to the House Of Lords:
>
> "The Government has brought forward a power to amend by order the
> penalty for those found guilty of unlawfully obtaining, procuring or
> disclosing personal data to a custodial sentence."
>
> I'm not sure if "brought forward" means 'doing it sooner', or just
> 'will introduce'. And is this introducing a new power to amend the
> DPA, or just a decision to use an old power to make this much-needed
> amendment.
>
> (Sorry if I'm over-analysing the words).
>
> Has anyone seen this Order (whatever it is) in draft form or
> otherwise?
> --
> Roland Perry
>
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