Supplementary memorandum by Baroness Vadera
When Vernon Coaker and I appeared before your
Committee on 20 May, I promised to write to clarify where things
stood on the idea that the Information Commissioner should be
permitted to conduct random audits of the data protection arrangements
in companies. I have consulted colleagues in the Ministry of Justice
and I have taken the opportunity to address again the key developments
in data protection that were covered in our discussions in the
House.
The Prime Minister asked the Information Commissioner
to carry out spot checks of the compliance by Central Government
Departments with the Data Protection Act on 21 November 2007.
The Ministry of Justice is working with the Information Commissioner
to finalise the arrangements of these audits which will start
shortly.
On 17 December 2007 the Sir Gus O'Donnell Review
published Data Handling Procedures in Government: Interim Progress
Report, which set out the findings of the review so far and
provided an update of the progress. In particular, the Review
indicated that legislative steps should be taken to enhance the
ability of the Information Commissioner to provide external scrutiny
of arrangements by considering the options to extend the spot
checks of Government Departments to the entire public sector.
The Thomas/Walport review is also considering this issue and will
make recommendations regarding the Commissioner's audit powers
when it reports in the first half of 2008.
The Sir Gus O'Donnell review on Data Handling
is also due to report in final form shortly, as are the Kieran
Poynter and Edmund Burton reviews. The Government will take a
considered view on what further measures it needs to take to strengthen
the protection of personal data in light of the recommendations
of these and the Thomas/Walport reviews.
I recall that there was critical comment when
we met on the new power of the Information Commissioner to impose
a monetary penalty for serious contraventions of the data protection
principles. My Ministerial colleagues have asked me to assure
you that the amendment was the result of well-considered research
to ensure not only the most effective form of sanction, but also
that any new powers of the Information Commissioner should align
with Government measures to make regulation across the board more
effective and efficient.
In addition to this, the Government has brought
forward a power to amend by order the penalty for those found
guilty of unlawfully obtaining, procuring or, disclosing personal
data to a custodial sentence. We believe that this gives a strong
signal that the lucrative and illegal trade in personal data will
not be tolerated and that there is a stronger deterrent available
if this activity continues.
Can I also take this opportunity to thank the
Committee for the positive discussion when I gave evidence. I
am sure it was clear that I was coming new to this subject area
and I hope you now appreciate that there was no intention to deliberately
undervalue your Committee's work. I found it a stimulating report
and—while there may still be differences between us on the
best solutions—I think we can agree on the need to make
progress in many of the areas you have identified in your Report
and I hope we can work together. My offer to maintain a dialogue
on this subject was made in this spirit.
I am copying this letter to Vernon Coaker at
the Home Office and to Michael Wills at the Ministry of Justice.
3 June 2008
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