Rhys Blakely
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The Information Commissioner’s Office (ICO), which polices the security of the nation’s data, is to be given the power to raid Government departments suspected of breaching protection laws.
The move, announced today by Gordon Brown, comes in response to the loss by HM Revenue & Customs (HMRC) of personal details of some 25 million Britons. The Prime Minister said the ICO would be given extra powers to carry out “spot checks” of government departments.
However, it is unclear whether the new powers will extend to companies - something that Richard Thomas, the Information Commissioner, is pressing for.
"Alarm bells must ring in every boardroom," Mr Thomas said today.
He added: "For some time I have been pressing the government to give my Office the power to audit and inspect organisations that process people’s personal information without first having to get their consent."
Mr Thomas also repeated a call for the law to be "changed to make security breaches of this magnitude a criminal offence."
Under present legislation HMRC is likely to avoid serious legal sanctions because of what experts have called the “UK’s toothless data regime”.
A spokesman for the ICO said today that the office wanted new “powers of audit and inspection that would allow us access to organisations without their consent”.
This would put it on a par with groups such as the European competition authorities, which are able to launch dawn raids on groups suspected of breaking the law, he said.
At present, the ICO, which says that it is short-staffed, can obtain a search warrant through the courts only if it suspects that data is being bought and sold illegally, for instance, by private detectives.
Under the Data Protection Act (DPA), the ICO will be able to serve only an enforcement notice on HMRC, calling for it not to repeat the catastrophic series of blunders that led to the loss of the personal details of more than seven million families.
Only if the terms of such a notice are broken can the ICO take legal action.
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What a joke. Can we EVER trust what the polticians say when defending the real power in the UK (the (un)civil servants)? I doubt it. But we as taxpayers - have no choice. The politicians don't care, and the civil servants don't worry as long as their index-linked multi-ISA pensions are not in jepoardy. YOU don't believe they REALLY care do you? The civil servants will cry foul, spinning a sob story of how they have had such terrible job cuts etc etc. The reality is that as working taxpayers we have ALL had to work longer, for less pay, and had to perform better. But when the spotlight falls on a Government agency, the sob stories start. WAKE UP! Why should the REAL workers of the UK be the ones to suffer? But the reality is that ALL Government workers have a Get-Out-of-Jail free card - in other words the Government and the Civil Service are above the law. The ICO has no teeth- it's just a way of getting some Government favourites an easy wage. Give us a Job Neu Labour!
Dom, Kingston, Surrey
The positive in this deeply depressing news is that the government is now under intense pressure to reform Data Protection Law and this desperately needs to be done. The question isnât so much about what information the government has on various systems but who actually has access to this information. How can we be sure that they can be trusted? What safeguards will there be? How will this prevent our information from falling into the wrong hands or being abused? All of this should have been resolved at least 20 years ago when Data Protection Laws were first being introduced. If it had then maybe the government wouldnât find itself in the position it is in now.
Jason Mead, Bristol, England