The information commissioner Richard Thomas is to take a
"get tough" approach against organisations that deliberately flout
data protection rules.
Thomas is seeking extra funds from government to step up
enforcement action and to bring test cases in contentious areas of
data protection law during 2004.
The move follows complaints from businesses to the information
commissioner that he has failed to do enough to enforce the Data
Protection Act in the past.
Thomas said he plans to use enforcement powers in a "selective
and purposeful way" against offenders and to clarify areas of law
that are unclear or in dispute.
"If there are organisations flouting the rules we will come down
on them hard. In cases where there is legal uncertainty, we will
issue enforcement notices so they can be considered by the
information tribunal," he said.
Thomas plans to press for powers of audit and inspection in
public sector projects, including a series of database integration
programmes under consideration by government departments.
They include proposals by the Office of National Statistics to
create a single population register of every UK citizen that will
link in to all other government records.
"With any government database project, and the integration of
networks holding data about every adult in the country, there are
risks to privacy. There will be a unique personal identification
number and we want to make sure it is used properly," he said.
Thomas also plans to offer simpler jargon-free guidance and an
improved helpline to assist organisations in complying with data
protection regulations.
He insisted there was no need for wholesale change to the
existing data protection law, but said he had delivered a shopping
list of improvements to the Act to the government.
He criticised organisations such as Humberside Police and
British Gas, which have used the data protection act as a
smokescreen for poor practice.
Thomas said he would be reallocating resources in the Office of
the Information Commissioner to fund more enforcement action.
Staff will spend less time dealing with "unreasonable demands"
from the public, or complaints brought about by people solely to
place pressure on organisations they have a grievance with.