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22 May 2008
Issue: 7322 / Categories: Legal News , Media , Public , Data protection
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Tough new powers for privacy watchdog

News

New powers to impose substantial fines on organisations that deliberately or recklessly commit serious breaches of the Data Protection Act 1998 have been handed to the privacy watchdog.

The Criminal Justice and Immigration Act 2008, which received Royal Assent this month, strengthens the powers of the Information Commissioner’s Office ( ICO) which under existing legislation could only issue an enforcement notice against organisations in breach of the Act.

David Smith, deputy information commissioner, says: “The prospect of substantial fines for deliberate or reckless breaches of the data protection principles will act as a strong deterrent and help ensure organisations take their data protection obligations more seriously.” However, Tom Morrison, an associate at Rollits, says it is likely the new power will only be capable of being exercised against the worst offenders, such as those that ignore enforcement notices. “The threat of fines being imposed by the ICO without the ICO having to go to the hassle of taking the offender to the courts may be enough however to capture the attention of at least some of those who may have previously thought that the ICO would not go to the effort of pursuing them,” Morrison adds.

Issue: 7322 / Categories: Legal News , Media , Public , Data protection
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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