|
19th May 2010
The Data Protection Act 1998 has become all the more significant, as the Information Commissioner’s Office has racked-up a long-planned increase in its enforcement powers.
Previously, the Information Commissioner could bring proceedings against any company that had committed one of the offences under the Data Protection Act. If tried in the Crown Court, such proceedings might result in an unlimited fine. However, the 8 ‘Data Protection Principles’, found in Schedule 1 of the Act, were blessed with a certain lack of teeth since breach did not constitute an “offence” under the Act.
This position has now changed. The right to bring proceedings for offences remains. However in addition the Information Commissioner is entitled to issue a penalty notice up to the value of £500,000 in respect of serious contraventions of the 8 Principles. This is a significant development in two respects:
1. Breach of the 8 Data Protection Principles may now result in liability to the Information Commissioner; and
2. The Information Commissioner does not have to go through the courts in the first instance but can instead simply issue a penalty notice to an organisation. This means it is extremely cost effective for the Information Commissioner to pursue organisations that are in breach.
It is likely therefore that we will see an increase in organisations falling foul of the act. It is therefore important that recruiters are aware of the 8 Principles and the circumstances in which a penalty notice can be issued.
In order to avoid falling foul of the new enforcement powers, recruiters should be careful to:
o only where necessary;
o never without the consent of the person to whom the data relates; and
o for the purpose for which it was provided only.
- ensure that personal data which is stored is:
o accurate and up to date
o not excessive
o not kept for longer than is necessary
In addition:
· appropriate measures should be taken against unauthorized or unlawful processing, and accidental loss or destruction ofpersonal data; and
· personal data should not be transferred out of the European Economic Area unless the recipient country has adequate legal protection.
If you need advice about the Data Protection Act, including how to obtain consent to your processing of a candidate’s personal data, please call to speak to one of our consultants on 01273 236236.
Quick Links
Recruiter solutions and agreements
Compliance and due diligence
Agency terms of business
Employment contracts and advice
|