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Information Commissioner launches his annual report - What your business needs to know

01 August 2008

The IC has just released his annual report for 2008 and his message to businesses is clear: "He intends to be a force to be reckoned with" and "although we may have heard similar messages over the years, this time its worth sitting up and listening."

This year…

Consumer awareness of their rights in relation to data protection increased to an all-time high of 90% ofthose surveyed;

• Complaints to the Information Commissioner arose in relation to marketing emails, the disclosure of bank details and the unauthorised disclosure of personal data and 33% of all complaints involved lending institutions;
• 47% of complaints to the Information Commissioner related to subject access, 13% of complaints related to inaccurate data and 9% to unlawful disclosure of data;
• The Information Commissioner issued Enforcement Notices against various organisations including Carphone Warehouse, Debt Solutions Limited, Talk Talk Telecom and Marks and Spencer;
• Formal Undertakings were issued against Skipton Financial Services, Littlewoods, Orange Personal Communications Services Limited, Dipesh Limited and others; and
• For the first time an organisation (ADC Organisation Limited) was successfully prosecuted in the criminal courts for breaching an enforcement procedure.

In addition…

• The Criminal Justice and Immigration Bill has increased and extended the Information Commissioner's powers in relation to the investigation, punishment and deterrence from breaching the Data Protection Act 1998 (the “Act”) by giving him the power to issue “substantial fines”; and
• The Information Commissioner is pressing for businesses to notify them in the event of a serious breach of the Act and therefore it is not now an option to stay silent in the hope that the Information Commission will not uncover your breach.

There is no doubt that the Information Commissioner's battle to protect the public against breaches of the Act is going from strength to strength and therefore it is more important than ever to ensure that your business is compliant if enforcement action and adverse media attention is to be avoided.

Your obligations under the Act

Your business should comply with its legal obligations under the Act by ensuring that:

• Data is relevant, up to date and not being misused;
• Individuals are informed about how their data will be used;
• Data is held securely - the Information Commissioner places a specific emphasis on data shared over the web;
• Data is securely disposed of when it is no longer needed;
• Staff are trained on their duties under the Act; and
• Notifications are completed and updated where necessary.

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Karen Harrison

Partner
T: 08700 86 5023
I: +44 (0)115 906 5023
E: karen.harrison@shoosmiths.co.uk