What proposed changes to data protection law have been made?
In the wake of recent breaches of the Data Protection Act, the Government has signalled its intention to bow to Richard Thomas’ requests to increase the powers of the ICO. Proposals include criminal sanctions against individuals who “knowingly or recklessly” breach the data protection principles enshrined in the Act. Offenders could be fined up to £5,000 in a magistrates’ court or unlimited sums in the Crown Court. Would that be a significant change in the law? Yes, the proposed new laws mark a significant change in policy by the ICO. Until now, the ICO has sought to enforce the Act against “data controllers” − the organisations that have ultimate control over the personal information of data subjects. If the proposed laws are enacted, there will be an increased chance that employees who fail to properly understand the obligations imposed by the Act and commit a fundamental breach of it will be prosecuted. This would include teachers. Presumably I need to be particularly careful about
