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22 May 2008
Issue: 7322 / Categories: Legal News , Media , Public , Data protection
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Tough new powers for privacy watchdog

News

New powers to impose substantial fines on organisations that deliberately or recklessly commit serious breaches of the Data Protection Act 1998 have been handed to the privacy watchdog.

The Criminal Justice and Immigration Act 2008, which received Royal Assent this month, strengthens the powers of the Information Commissioner’s Office ( ICO) which under existing legislation could only issue an enforcement notice against organisations in breach of the Act.

David Smith, deputy information commissioner, says: “The prospect of substantial fines for deliberate or reckless breaches of the data protection principles will act as a strong deterrent and help ensure organisations take their data protection obligations more seriously.” However, Tom Morrison, an associate at Rollits, says it is likely the new power will only be capable of being exercised against the worst offenders, such as those that ignore enforcement notices. “The threat of fines being imposed by the ICO without the ICO having to go to the hassle of taking the offender to the courts may be enough however to capture the attention of at least some of those who may have previously thought that the ICO would not go to the effort of pursuing them,” Morrison adds.

Issue: 7322 / Categories: Legal News , Media , Public , Data protection
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
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

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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