Update from the ICO

1
Update from the ICO

• Jonathan Holbrook
• Head of Data Protection Practice
• Private Sector
• City Information Group - 14 April 2008

2
Introduction

• Recent Events Changing the Climate for Data
  Protection
• Role of the Information Commissioner
• DP Strategy and Priorities
• Possible new powers and penalties

3
The HMRC Effect

• Review of security across government
• Report of Joint Select Committee on Human Rights
• Thomas/Walport review of data sharing
• Prime Minister announces that ICO will be able to
  audit government departments
• Heightened public awareness and concern

4
Taking Rights Seriously Data Protection

• I am going to read out a list of issues that
  could be considered of social importance. Please
  tell me how concerned you are about each of the
  following issues.
• 2006 2007
• Preventing crime 93 94
• Protecting personal details 83 92
• The National Health Service 90 91
• Equal rights for everyone 85 89
• National security 82 89
• Education 81 88
• Protecting freedom of speech 81 86
• Environmental issues 77 86
• Unemployment 72 80

5
Top concerns include.

• Passing details to unknown organisations 94
• Not keeping information securely 94
• Unwanted marketing 87
• Holding inaccurate information 87
• Requesting too much info. 88
• Holding info. for too long 84

6
The Information Commissioners Office

• Promoting public access to official
  information and protecting your personal
  information

7
The Information Commissioners Office

• Promoting public access to official
  information and protecting your personal
  information
• Data Protection Act 1998
• Privacy Electronic Communications Regulations
  2003
• Freedom of Information Act 2000
• Environmental Information Regulations 2004

8
Functions under the DPA

• Promote good practice
• Prepare and encourage codes of practice
• Consider complaints (RFA)
• Enforce compliance
• Prosecute offences
• Maintain a register
• Present reports to Parliament
• Co-operate with international counterparts

9
Data Protection Strategy

• Minimising data protection risk
• Compliance with the law not an end in itself
• Being selective to be effective
• Keeping freedom of choice
• Building public confidence

10
Priority issues

• Unlawful trade in personal information
• Surveillance society
• Security
• Information sharing
• Law enforcement activity
• Effective DP supervision

11
Call for additional powers

• Powers of inspection and audit
• Provision of a report by a skilled person
• Enhanced enforcement powers
• Extended information notice powers

12
Penalties

• Government had already accepted case for
  custodial sentence for committing offence of
  illegally obtaining or disclosing personal
  information.
• ICO has put the general case to government that
  where a data controller flagrantly misuses
  personal information, or is recklessly negligent,
  this should attract a civil penalty.

13
Further information

• Information Commissioners Office
• Wycliffe House
• Water Lane
• Wilmslow
• SK9 5AF
• Switchboard 01625 545 700
• Helpline 01625 545 745
• Email. mail_at_ico.gsi.gov.uk
• www.ico.gov.uk