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ARTICLE · 25 OCTOBER 2014

Coming Down The Tracks: The Legislation That Will Make Data Protection Law Even Worse!

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Compliance with data protection law has for long being regarded by British business as a heavy burden.

United KingdomPrivacy
Jonathan Cornthwaite
Jonathan Cornthwaite

Compliance with data protection law has for long being regarded by British business as a heavy burden. Over the past few years the burden has become considerably heavier, and the proposal by the European Commission for a General Data Protection Regulation will make it even more onerous.

The present

Partly as a reaction to high-profile data protection breaches, here in the UK, the Information Commissioner was granted swingeing new powers in April 2010 that represented a quantum leap compared to the old enforcement regime.

Some of these powers entitle the IC to fine data controllers up to £500,000 for serious contraventions of their statutory duty to comply with the data protection principles.  Guidance issued by the Information Commissioner's Office ("ICO") explains that fines will or may be imposed:-

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