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17 July 2008
Issue: 7330 / Categories: Legal News , Data protection
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More resources needed for data enforcement

Legal news update

Government plans to transform the personal and organisation culture of data sharing could be hampered by ineffective resourcing, policing and enforcement, despite recommendations made in the recent Data Sharing Review, say lawyers.

The review by the information commissioner Richard Thomas and director of the Wellcome Trust Dr Mark Walport, found that organisations lack transparency and accountability and that confusion surrounds the Data Protection Act and its interaction with other strands of law. To counteract this, it recommends that the legal framework be simplified and that the role of the Information Commissioner’s Office (ICO) be strengthened with more robust powers.

Tom Morrison, associate in the commercial group at Rollits, says in order for data protection to be properly enforced, it is imperative that the ICO be properly resourced.

“Given that the ICO has recently been granted the power to issue monetary penalty notices, there does seem to be an appetite for keeping data protection near the top of the agenda. The fact remains that any increase in powers will have a diminished impact if the resources at the commissioner’s disposal are not also improved,” he says.

Issue: 7330 / Categories: Legal News , Data protection
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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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