Data act refuseniks get a final warning

The information commissioner has stamped on complaints that the Data Protection Act is confusing

Written by David Neal

The UK information commissioner, Richard Thomas, last week warned businesses that ignorance is no excuse for breaching the Data Protection Act, and pointed to improved guidance for any companies still unsure of their responsibilities.

"There is no lack of guidance and organisations [that say the rules are unclear] are hiding behind a smokescreen," said Thomas. "I won't tolerate such nonsense and am drawing a line in the sand. Now is the time to put the record straight."

Organisations can contact the recently-improved Data Protection Helpline on 01625 545745 for advice on compliance. The Office of the Information Commissioner is also developing more practical and user-friendly written guidelines, and has called for firms to participate in its "Making Data Protection Simpler" consultation process, which started last year.

The moves to clarify advice follow two high-profile cases where organisations claimed the Data Protection Act prevented them from carrying out their jobs. Humberside police blamed the act for a failure to store crucial information about Ian Huntley in the Soham murder case, while British Gas blamed the act for its failure to alert social services after it disconnected two pensioners, who subsequently died. In both cases the Office of the Information Commissioner said the organisations had misinterpreted the law, and the duty to protect vulnerable people should have overridden the duty to guard data.

A supporter of plain English, Thomas said his team would try to use less jargon in future and avoid phrases such as "data subject" if there could be confusion as to whether it referred to an individual, an employee or a customer.

Thomas advised organisations to "say what you do and do what you say" and check the information they hold to ensure that it is only retained for its designated purpose.

Referring to the increased use of offshore call centres, Thomas said companies must ensure that whenever information is passed to a non-EU country it is adequately protected. "If information is to be sent abroad then there should be no less protection on it than in the EU."

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