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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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