E-Privacy Directive – BIS Consultation

BIS has issued a consultation on implementation of the revised E-Privacy Directive which requires a number of changes to English law. The consultation seeks views on some of those changes:

• Data security breach notification. The Government proposes to copy the revised wording of the Directive which requires providers of public communications services to notify the national regulator of any "personal data breach". The ICO will be authorised to provide guidance on the notification mechanism.
• Penalties. The existing enforcement regime under the Data Protection Act is being reviewed by the Government and ICO. The consultation seeks views on the additional sanctions in the revised Directive, together with comments as to how the provisions of the Directive could be better enforced.