Tag

Data Protection

Recommendations related to data protection

24 recommendations 62% accepted

Tag overview

Government Response
Accepted (3)
Accepted in Part (12)
Not Accepted (9)
Recommendations in This Theme

recommendation across 3 inquiries

Across 3 inquiries

Tagged Recommendations

24 total
FR-17 Accepted in Part IICSA

Code of Practice on Records Access

The Inquiry recommends that the UK government directs the Information Commissioner's Office to introduce a code of practice on retention of and access to records known to relate to child …

- In May 2023, the government accepted this recommendation and stated it would engage with the Information Commissioner's Office on implementing it (Government Response to …
UK Government
DM-10 Accepted Daniel Morgan Panel

Custodial sentences for data protection offences

Given the potential seriousness of such offences, it is recommended that the Government take an early opportunity to amend the Data Protection Act 2018 to provide for sentences of imprisonment …

Home Office
DM-6 Accepted Daniel Morgan Panel

Guidance on unlawful disclosure recovery options

It is recommended that the Metropolitan Police establish a process to inform police officers about the recovery options available to them when material is unlawfully disclosed.

Metropolitan Police Serv…
L25 Not Accepted Leveson Inquiry

ICO and Regulatory Membership

In any reconsideration of the powers of the Information Commissioner (or replacement body), power should be given to that body to determine that membership of a satisfactory regulatory body, which …

- Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive for publishers to join a recognised regulatory body, …
Information Commissioner
L48 Not Accepted Leveson Inquiry

Section 32 DPA Amendment

The exemption in section 32 of the Data Protection Act 1998 should be amended so as to make it available only where: (a) the processing of data is necessary for …

- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …
UK Government
L49 Not Accepted Leveson Inquiry

Narrow Section 32 Exemption Scope

The exemption in section 32 of the Data Protection Act 1998 should be narrowed in scope, so that it no longer allows, by itself, for exemption from: (a) the requirement …

- Section 32 of the Data Protection Act 1998 was repealed when the Data Protection Act 2018 came into force on 25 May 2018 (Data …
UK Government
L50 Accepted Leveson Inquiry

Compensation for Distress

It should be made clear that the right to compensation for distress conferred by section 13 of the Data Protection Act 1998 is not restricted to cases of pecuniary loss, …

- Section 13 of the Data Protection Act 1998, which had been interpreted as requiring pecuniary loss for compensation claims, was repealed when the Data …
UK Government
L51 Not Accepted Leveson Inquiry

Repeal Procedural Provisions

The procedural provisions of the Data Protection Act 1998 with special application to journalism in: (a) section 32(4) and (5) (b) sections 44 to 46 inclusive should be repealed.

- Sections 32(4), 32(5), 44, 45, and 46 of the Data Protection Act 1998 were repealed when the Data Protection Act 2018 came into force …
UK Government
L52 Accepted in Part Leveson Inquiry

ICO Balance of Public Interest

In conjunction with the repeal of those procedural provisions, consideration should be given to the desirability of including in the Data Protection Act 1998 a provision to the effect that, …

- The Data Protection Act 2018 includes provisions requiring regard to press freedom when exercising regulatory functions. Schedule 2, Part 5, paragraph 26(2) requires that …
UK Government
L53 Not Accepted Leveson Inquiry

ICO Regard for Regulatory Membership

Specific provision should be made to the effect that, in considering the exercise of any of its powers in relation to the media or other publishers, the Information Commissioner's Office …

- The Data Protection Act 2018, Schedule 2, Part 5, paragraph 26(3) provides that when determining whether publication would be in the public interest, the …
UK Government
L54 Not Accepted Leveson Inquiry

Bring into Force Section 55 Penalties

The necessary steps should be taken to bring into force the amendments made to section 55 of the Data Protection Act 1998 by section 77 of the Criminal Justice and …

- Section 77 of the Criminal Justice and Immigration Act 2008, which would have increased the maximum sentence for offences under section 55 of the …
UK Government
L55 Not Accepted Leveson Inquiry

ICO Prosecution Powers Extension

The prosecution powers of the Information Commissioner should be extended to include any offence which also constitutes a breach of the data protection principles.

- Under the Data Protection Act 1998, the Information Commissioner's prosecution powers were limited to specific offences including section 55 (unlawful obtaining of data). The …
UK Government
L56 Accepted in Part Leveson Inquiry

ICO Consult with CPS

A new duty should be introduced (whether formal or informal) for the Information Commissioner's Office to consult with the Crown Prosecution Service in relation to the exercise of its powers …

- The Data Protection Act 2018 does not include a formal statutory duty for the ICO to consult with the Crown Prosecution Service before exercising …
UK Government
L57 Not Accepted Leveson Inquiry

Reconstitute ICO as Commission

The opportunity should be taken to consider amending the Data Protection Act 1998 formally to reconstitute the Information Commissioner's Office as an Information Commission, led by a Board of Commissioners …

- The Information Commissioner's Office was not formally reconstituted as an "Information Commission" led by a Board of Commissioners under the Data Protection Act 2018 …
UK Government
L58 Accepted in Part Leveson Inquiry

ICO Policy on Press Regulation

The Information Commissioner's Office should take immediate steps to prepare, adopt and publish a policy on the exercise of its formal regulatory functions in order to ensure that the press …

- Section 124 of the Data Protection Act 2018 required the Information Commissioner to prepare a code of practice containing practical guidance on the processing …
Information Commissioner
L59 Accepted in Part Leveson Inquiry

ICO Good Practice Guidelines

In discharge of its functions and duties to promote good practice in areas of public concern, the Information Commissioner's Office should take immediate steps, in consultation with the industry, to …

- Section 124 of the Data Protection Act 2018 required the Information Commissioner to prepare a code of practice on data protection and journalism, in …
Information Commissioner
L60 Accepted in Part Leveson Inquiry

ICO Public Guidance

The Information Commissioner's Office should take steps to prepare and issue guidance to the public on their individual rights in relation to the obtaining and use by the press of …

- The ICO publishes general guidance for individuals on their data protection rights, including rights of access, rectification, and erasure under the UK GDPR (ICO, …
Information Commissioner
L61 Accepted in Part Leveson Inquiry

ICO Advice for Data Subjects

In particular, the Information Commissioner's Office should take immediate steps to publish advice aimed at individuals (data subjects) concerned that their data have or may have been processed by the …

- The ICO publishes general guidance on making complaints about data protection breaches and on exercising individual rights under the UK GDPR (ICO, Make a …
Information Commissioner
L62 Accepted in Part Leveson Inquiry

ICO Annual Report on Press

The Information Commissioner's Office, in the Annual Report to Parliament which it is required to make by virtue of section 52(1) of the Act, should include regular updates on the …

- The ICO publishes an Annual Report to Parliament each year as required by the Data Protection Act 2018 (ICO Annual Reports, ico.org.uk). - The …
Information Commissioner
L63 Accepted in Part Leveson Inquiry

ICO Adopt DPP Guidelines

The Information Commissioner's Office should immediately adopt the Guidelines for Prosecutors on assessing the public interest in cases affecting the media, issued by the Director of Public Prosecutions in September …

- The Director of Public Prosecutions published Guidelines for Prosecutors on assessing the public interest in cases affecting the media in September 2012 (DPP Guidelines, …
Information Commissioner
L64 Accepted in Part Leveson Inquiry

ICO Engage with Metropolitan Police

The Information Commissioner's Office should take immediate steps to engage with the Metropolitan Police on the preparation of a long-term strategy in relation to alleged media crime with a view …

- Operation Elveden, the Metropolitan Police investigation into alleged payments to public officials by journalists, concluded in 2016. The investigation resulted in 34 arrests and …
Information Commissioner
L65 Accepted in Part Leveson Inquiry

ICO Specialist Knowledge Review

The Information Commissioner's Office should take the opportunity to review the availability to it of specialist legal and practical knowledge of the application of the data protection regime to the …

- The ICO has published guidance on data protection and journalism as required by section 124 of the Data Protection Act 2018 (ICO, Data protection …
Information Commissioner
L66 Accepted in Part Leveson Inquiry

ICO Organisation Review

The Information Commissioner's Office should take the opportunity to review its organisation and decision-making processes to ensure that large-scale issues, with both strategic and operational dimensions (including the relationship between …

- The ICO has undergone organisational changes since the Leveson report, including the appointment of John Edwards as Information Commissioner in January 2022 (ICO, About …
Information Commissioner
L67 Not Accepted Leveson Inquiry

Sentencing Guidelines for Data Offences

On the basis that the provisions of s77-78 of the Criminal Justice and Immigration Act 2008 are brought into effect, so that increased sentencing powers are available for breaches of …

- Sections 77-78 of the Criminal Justice and Immigration Act 2008, which would have increased sentencing powers for section 55 offences under the DPA 1998, …
UK Government