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Data Protection: Government asks for views on the current Data Protection legislation and the powers of the Information Commissioner.

Ministry Of Justice ‘Call for evidence on Data Protection legislative framework’

The Ministry of Justice (MOJ) is requesting views on the current data protection legislation and whether the current powers and penalties of the Information Commissioner could be strengthened.

The European Commission intends to review the current EU Data Protection Directive 95/46/EC after calls to modernise the legislation to take into account 21st Century data protection issues including technological developments which have advanced since its inception in the 1990’s.  Feedback received to the MOJ call for evidence will help to inform the UK’s position in the European Union negotiations which are expected to begin early 2011. 

The MOJ will also be carrying out a Post-Implementation Review of the Data Protection Act and expect to publish a full impact assessment by the end 2010.  It has published a provisional post implementation review impact assessment of the Data Protection Act 1998, on which it would also welcome comments.

 

Next Steps

It is important that organisations are aware of the call for evidence and proposals in the paper and take the opportunity to respond.  The call for evidence suggests the public and voluntary sectors should review.  The MOJ has stated that this review may lead to a formal consultation and further proposals for reform.

The 'Call for evidence on Data Protection legislative framework' can be read in full at http://www.justice.gov.uk/consultations/call-for-evidence-060710.htm

The consultation closes on the 6th October 2010.

 

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