Security and legal experts have broadly welcomed the
new
powers announced yesterday for the UK's data protection watchdog, saying
that the move should force organisations to tighten up their data protection
policies.
Information Commissioner Richard Thomas had long campaigned for greater
powers to fine and investigate those suspected of contravening the
Data
Protection Act (DPA), and was finally rewarded with proposals put forward
yesterday by justice secretary Jack Straw.
The proposals, which form part of the government's response to the
Data
Sharing Review published earlier this year, include the power to fine
organisations for deliberate or reckless loss of data, and to inspect government
departments without first requiring written consent.
Paula Barrett, a partner at law firm
Eversheds,
said, "Other recommendations of note are that organisations outside the public
sector should clarify in their corporate governance or equivalent documents
where ownership and accountability lies for handling personal information.
"This reflects the steps which are being taken within the public sector
following the Data Handling Review where there is a senior information risk
officer appointed with responsibility for the organisation's information risk
policy, management and reporting."
Barrett also welcomed a revision of the funding structure for the Information
Commisioner's Office (ICO), which will replace the flat-rate notification fee
with a tiered structure based on the size of the notifying organisation.
"This should provide some of the much needed additional funding which the ICO
will require if it is to be able successfully to use these additional powers,
and produce the sort of guidance which it will be required to deliver," she
said.
Matthew Tyler, director at consultancy
Evolution
Security Systems, argued that the recent spate of security breaches would
not have occurred if the DPA had been followed correctly.
"It is about time that the DPA was taken seriously in the UK, and hopefully
with the new powers organisations will look at their general levels of corporate
governance and minimum security requirements in line with the new fines," he
added.
Paul Davie, founder of database security firm
Secerno,
welcomed the new powers, saying that they would give "those responsible for
allocating budgets the will and the mandate to take sensitive data security
seriously".
"This is a real move in the right direction. I hope and expect that this will
lead to a raising of the bar in the way personal data is handled in the private
and public sectors," he added.
Others were more sceptical about the effectiveness of increasing the ICO's
powers.
"This is a step in the right direction, but whether it will be enough to
turn around the two main problems that exist in the public sector - culture and
inflexible IT - is yet to be seen," said Bill Beverley, security specialist at
application delivery firm
F5
Networks.
"These new powers go some way to addressing the cultural issue by increasing
accountability, but the underlying cause of a lot of data breaches still
remains: inflexible IT systems require staff to extract data to manipulate it or
share it and produce management information."
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