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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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