We then considered enforcement trends. The total number of fines is going up; the maximum under the DPA is £½ m, the maximum under the GDPR will be €20m or 4% of global turnover. Today the ICO can fine under two laws, the Data Protection Act and the Privacy and Electronic Communication Regulation (PECR), which regulate Data Controllers and Processors and direct mailing houses respectively. The ICO have taken more interest in the DPA since they gained fining powers. This note looks at the record in court, the change in enforcement powers, and notes that the preponderance of fines have been levied due toinadequate technical protection.
Monthly Archives: March 2017
A presentation was made about the to be established Data Protection Officer, claiming to be informed by the EU’s advice on what the law means. We looked at whether a DPO is needed, the expertise and skills required, and the requirement for independence.
At the BCS legal day, a presentation was made entitled “Key Issues” which they started with a quote from Jan Albrecht MEP (the Rapporteur),
“[The] result is something that makes (as we intended from the beginning) everybody equally unhappy, but at the same time is a huge step forward for all sides involved.
Jan Albrecht MEP”
It is hoped that business opportunity will be created by a harmonisation of regulation across Europe with a goal of improved privacy for its citizens. The harmonisation is constrained by the Restrictions Article, which excludes areas of law from the Regulation and creates nationally authored variances.
I attended the BCS ISSG Legal day where the priority was the coming General Data Protection Regulation. I believe that the day was held under Chatham House rules, which means that comments cannot be attributed. I prefer to work on more open terms; it allows me to attribute credit to those who have informed me or changed my mind but the notes have been anonymised. The running order has been changed to make the story better and to conform to my preferred priority order, of principles, rights, obligations and enforcement. The day consisted of two presentations, entitled “Key Issues”, “the Data Protection Officer” and one on trends in enforcement. I have written these notes over the last week, and backdated them to the day of occurrence. These are a bit less polemic than my recent articles here, but for various reasons I have been reminded that that’s how they once were; I hope these articles are useful to my more technical readers. Some of the discussions and issues may interest those that follow me for politics.
Those of you who regularly read this blog will see I stood for Secretary of Lewisham Deptford Labour Party as part of left/momentum slate, and those of you who follow Momentum Exposed will know we lost. This was quite disappointing and we have had some difficulty in working out how to develop Labour’s campaigning beyond the electoralism & careerism practiced by the Labour First influenced majority. I think, and many of my allies agree that one of the differences is that on the Left we want to empower and engage our members and our voters; it’s been hard to do that and get the Deptford Labour Party via its General Committee (GC) to express its views when we are in contention with the new MP, and the Council majority. There would also seem to be a desire to exclude the ideas and enthusiasm of many of the new joiners. It was when looking back at what we as members had achieved, that I came to the conclusion that we haven’t done so badly and you can make a difference by joining the Labour Party. Over the last four years, we i.e. ordinary members of the Labour Party have made a difference, most recently on the New Bermondsey Development aka the Millwall CPO but also we have moved forward the national trade union campaign against blacklisting, the Council’s initiatives on welcoming refugees, on Education and have even won a commitment to return the Anchor to the High Street.
While at times the Labour Party’s procedures seem strange, and exceptionally ill-tempered, belonging to the Labour Party makes a difference. These decisions have involved us debating with and winning other members to our point of view and ensuring that our Councillors take this forward.