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UK’s data protection regulator is “ineffective”, says research

Monday, April 15, 2013 10:00
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The regulator charged with overseeing data protection in the UK has been and will continue to be “lamentably weak and ineffective” unless the government takes action, according to an academic at the University of East Anglia.

In a paper to be presented today, Dr Karen Mc Cullagh traces the development of the watchdog, currently the Information Commissioner’s Office (ICO), since its inception almost 30 years ago, when a Conservative government enacted legislation establishing an independent regulator tasked with administering data protection law in the UK.

There has been little research evaluating the effectiveness of the regulator since its inception. Dr Mc Cullagh’s study aims to address this by examining its development through four distinct phases, in order to assess the adequacy and effectiveness of the regulator to date, and predict its future potential.

Dr Mc Cullagh, from UEA’s Law School, looked at: the period 1984-1998, when the Data Protection Registrar was first created and derived its powers from the Data Protection Act 1984; 1998-2010 when the Data Protection Registrar transformed into the (ICO) and gained enhanced powers under the Data Protection Act 1998; 2010 to the present, since the level of financial penalty the regulator could impose for serious breaches of the legislation was increased through the enactment of the Criminal Justice and Immigration Act 2008; and finally, the changes in proposed EU data protection regulation, which are tentatively scheduled to come into force in 2014.

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