Ministry of Justice
The Ministry of Justice has just launched a public consultation on the inspection powers and funding arrangements of the ICO under the Data Protection Act.
The main proposal areas are:
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to promote good practice – including measures to allow data controllers to give consent for an inspection (called a ‘Good Practice Assessment’) when they register with the ICO;
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to enforce compliance – including enhancing the ICO’s powers to specify the time and place that any information should be provided under an Enforcement Notice, and for the Commissioner to be able to apply for a warrant to carry out an inspection even if he does not have reasonable grounds to suspect a breach of the DP principles; and
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to amend the ICO’s funding structure – including introducing a tiered notification fee structure, and a penalty for data controllers who knowingly and deliberately provide incorrect information in their notification fee self-assessment.
The ICO welcomes the consultation and the proposals contained within it. We will be responding ourselves, and encourage others to do so in the hope that they will be broadly supportive of the proposals.
If you would like to study or respond to the consultation it can be found on the Ministry of Justice website.
The consultation closes on 27 August 2008.
National Archives
The National Archives has been leading a review and revision of the records management code of practice, issued in November 2002 under section 46 of the Freedom of Information Act 2000.
The public consultation paper on the revised code of practice has now been published, and is available on the National Archives website. The National Archives would like to receive comments about the consultation, and has produced a questionnaire which is also available on the website.
The consultation closes on 2 September 2008.
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