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EU takes action to beef up UK data watchdog powers

June 25, 2010 6:00 PM
Originally published by Sarah Ludford MEP

The European Commission is escalating enforcement action against the UK for not respecting strict EU data protection obligations.

Under EU rules, national data protection authorities must have enough power and resources to protect privacy. The European Commission has concluded that the UK's Information Commissioner's Office (ICO) is too weak as it cannot perform random checks or enforce penalties for misuse.

Commenting on the announcement, Liberal Democrat European justice & human rights spokeswoman and London MEP Sarah Ludford said:

"I urge the new LibDem/Tory government to act quickly to get rid of Labour's surveillance state legacy to avoid EU court action and fines."

"The Information Commissioner's office is woefully under-funded and under-staffed, and I have been pressing Brussels over this breach of EU law for the last 2 years."

"We have to protect our personal privacy from both the Big Brother state and businesses abusing our trust. Millions of peoples' data on child benefits, tax records and driving tests has gone missing, and big firms are misusing online information. Yet the watchdog lacks the power to prevent or seriously punish these abuses."

EU justice & fundamental rights Commissioner Viviane Reding has said:

"I urge the UK to change its rules swiftly so that the data protection authority is able to perform its duties with absolute clarity about the rules. Having a watchdog with insufficient powers is like keeping your guard dog tied up in the basement."

Notes to Editors

1. The European Commission's press release can be seen here.

2. EU countries' data protection obligations are stipulated in the EU's 1995 Data Protection Directive (95/46/EC), which the 1998 UK Data Protection Act ostensibly but inadequately implements.

3. Sarah Ludford has put a number of parliamentary questions to the Commission regarding this issue, see here and here.

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