Legal wrangle with EC delays extra powers for ICO

Marketing Direct 25-Apr-05, 13:42

Greater enforcement powers for the Information Commissioner's Office (ICO) are unlikely to be implemented this year, much to the frustration of the DM industry.

Speaking at the DMA's Annual Data Protection Conference last month, assistant commissioner Phil Jones confirmed that the DTI had agreed to consider giving the ICO improved enforcement powers. However, no timeframe has yet been set and any changes are likely to be subject to long delays.

"Any possibility of moving quickly on this has been pushed back because of the European Commission's complaint against the UK for not implementing the directive properly," said James Milligan, DMA legal and public affairs adviser.

Last summer, the complaint was leaked to the Brussels newspaper The European Voice. It stems from the UK's definition of what constitutes personal data in the case of Durant and the Financial Services Authority at the Court of Appeal.

Although the outcome of this complaint has been shrouded in secrecy, it has delayed any decision on bolstering the ICO's powers.

"The Information Commissioner has needed more resources for some time, both in terms of its powers and staff," said DMA chairman Charles Ping.

"The industry desperately needs an Information Commissioner with teeth."