New ICO unit to probe complaints 'faster'
The Information Commissioner's Office (ICO) says it is optimistic about the success of its new complaints unit in dealing with breaches of data protection law, despite receiving no increase in enforcement powers.
Assistant commissioner David Smith admits that the ICO has not been
granted any new powers from the government, but says that the unit will
investigate cases faster.
In the past year, 16 cases have resulted in prosecution. Smith says the
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to taking action with around 150.
The absence of new powers has data protection experts questioning the
likely success of the unit in cracking down on data abusers.
Stephen Groom, partner at legal firm Osborne Clarke, says the new
division is "a useful move", but he is sceptical about the extent of its
powers. "It's essentially an internal arrangement to beef up the ICO,
but whether it will mean an exponential step change in the ICO's
enforcement activity remains to be seen."
There is currently nothing to stop those companies under investigation
from continuing to flout the law whilst an appeal is lodged, but Smith
says the ICO is seeking powers to issue offending companies with a 'stop
now' order. "It's an area we need to do better in. We do have the money
to chase people through the courts, but negotiation, rather than
prosecution, would be our first option," says Smith.
Caroline Roberts, the DMA's director of public and legal affairs, said
the restructure was a positive move but that to date, the ICO's power
had been sapped by a lack of resources and time.
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