David Smith, Deputy Information Commissioner said: 'This change in the law sends a very clear signal that data protection must be a priority and that it is completely unacceptable to be cavalier with people's personal information. The prospect of substantial fines for deliberate or reckless breaches of the Data Protection Principles will act as a strong deterrent and help ensure that organisations take their data protection obligations more seriously.
'This new power will enable some of the worst breaches of the Data Protection Act to be punished. By demonstrating that the law is being taken seriously tougher sanctions will help to reassure individuals that data protection matters and give them confidence that organisations have no choice but to handle personal information properly.
'The fact that strengthening the Data Protection Act has cross party support demonstrates the growing consensus on importance of effective data protection.'
The Information Commissioner's Office has repeatedly called for more effective sanctions against organisations that fail to live up to their responsibilities under the Data Protection Act. Last year the Information Commissioner called on UK chief executives to take the security of employees' and customers' personal information more seriously following a number of ‘unacceptable' security breaches.
Last month the Conservatives and Liberal Democrats tabled an amendment to the Criminal Justice and Immigration Bill during its third reading at the House of Lords which called for stronger sanctions for intentionally or recklessly disclosing information. This amendment has been replaced by a subsequent amendment from the Government.
Anyone who processes personal information must comply with eight principles, which make sure that personal information is:
• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than is necessary
• Processed in line with your rights
• Secure
• Not transferred to other countries without adequate protection
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Information Commissioner's Office
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Source: K2 Advisory