The issues surrounding the protection of sensitive data have been particularly scrutinised in recent months after what seems a never ending headline of data loss. These losses should not be taken lightly. Data controllers need to ensure that data is protected and that they comply with data protection laws. One of the rules under the Data Protection Act 1998 provides that data controllers must place themselves on the Data Protection Register annually. The public has access to this register and as a result they can find out who is processing their personal information and general details about how this processing is carried out.
Members of Parliament are no exception to this notification rule; however the UK Information Commissioner's Office was surprised to note recently that a number of MPs have failed to place themselves on the register. MPs collect and store the personal details of the people that they represent and as a result they are required to register. Failure to do so is a criminal offence and subject to a fine of up to £5,000. It is certainly surprising that a number of MPs have failed to comply with data protection laws given the current degree of public scrutiny of Government departments in their approach to compliance with data protection laws generally!
This is not the first time that MPs have been accused of failing to comply with data protection laws despite the fact that they receive advice on this very matter. In 2000, the then London Minister was fined £200 (along with costs of £500) for his failure to notify under the Data Protection Act. Compliance is of course not just restricted to MP's and fines handed out to businesses in more recent years have not been as lenient, with many in excess of £3000 plus costs - simply because they failed to notify of their data processing and pay the fee of £35.
Notification is a straightforward process and when you compare the cost of a fine along with court costs, it seems to make common sense to submit a notification to the ICO and pay the £35 fee.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
