Businesses targeted to comply with Data Protection law

27 06 2005 United Kingdom

For the first time, the Information Commissioner’s Office is assigning special teams to bring businesses into line with the Data Protection Act.

The Information Commissioner’s Office has now established a division devoted to protecting personal information held by businesses. The new Regulatory Action Division will use the Commissioner’s powers to regulate the ways that organisations collect, use and keep personal information, to ensure compliance with the Data Protection Act 1998.

Assistant Commissioner David Smith said: “Previously complaints were handled by a compliance team, but now for the first time the ICO has teams of specialists devoted solely to using the Commissioner’s powers to bring about compliance with the law.”

The Regulatory Action Division will use powers including criminal prosecution, non-criminal enforcement and audit to ensure that personal information is properly protected.

It will take action wherever data protection obligations are ignored, examples need to be set or issues need to be clarified. This will include taking action against organisations which are required to register with the Commissioner’s Office, but fail to do so.

So far, enforcement action has been limited generally to blatant and repeated refusals to comply with the Act, but the new Regulatory Action Division is expected to take a more proactive role.

“Negotiation will usually be our first option,” Mr Smith added, “but we won’t hesitate to take legal action swiftly against businesses where the circumstances warrant it.”

Further information

Members of topenterprise read this one-page 'pocket guide' about whether you need to register your business under the Act:
Guide to registering under the Data Protection Act

Members can also find out more about the obligations of businesses under the Data Protection Act in the topenterprise Knowledge centre.

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