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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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