The UK’s information security laws have come under debate across government
as the issue of data protection rises up the political agenda.
A
Conservative
Party policy review last week recommended the repeal of the ‘expensive
bureaucracy’ surrounding the
Data Protection
Act (DPA).
But a House of Lords committee on personal internet security has called for
the government to increase the powers and effectiveness of the
Information Commissioner’s Office (ICO), as
well as introduce
a
law forcing firms to reveal breaches of data security.
The Earl of Erroll, who sits on the
Lords’
science and technology committee, said the issues are all related.
‘The DPA doesn’t need a lot of tweaking, but there may be a lot of
meaningless red tape that has grown up around it. At the same time the ICO does
need to have more power,’ he said.
Current enforcement procedures are bureaucratic. A first-time offender must
sign an undertaking to comply with the DPA; only if a second offence occurs can
the ICO take action.
But this is an issue the data protection watchdog is trying to address and
does not necessarily require legislative changes, said Louise Townsend, senior
associate at law firm Pinsent
Masons.
‘The ICO fleshes out how the Act is applied. The commissioner has already
been proactive trying to engender a shift away from being unduly restrictive,’
she said.
The ICO has recently replaced a set of technical rules on data sharing with
principles-based guidelines in an effort to ease the cost of compliance for
business.
The Tory review quoted a figure of £2.3bn for the annual cost of data
protection to UK firms though this figure came from a
1998
Regulatory Impact Assessment document.
A 2006
Department of Constitutional Affairs report put the price at £0.67bn.
The Ministry for Justice said the
mechanisms which regulate and protect use of personal information are under
continuous review.
‘As and when necessary we review with the commissioner his powers and
protection to ensure they meet the needs of any developing policy,’ said a
spokeswoman.
UPDATE: 28th August 2007
The Conservatives have admitted an 'error' in their figures.
'The correct recurring cost figure for the Data Protection Act is £667m
(BCC’s Burdens Barometer 2006) but the figure actually used, wrongly, refers to
the Working Time Regulations 1999,' said a spokesman.
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