Data Protection Act not holding companies to account
Companies and other parties that handle sensitive data are not held legally accountable for failing to meet their duties under the Data Protection Act, it has been claimed.
According to Richard Thomas, Information Commissioner, a new law needs to be created for those recklessly or knowingly breaching data obligations, legal website Out Law reports.
Mr Thomas revealed that such breaches should be punishable with unlimited fines, dependent on the degree of seriousness, which could lead companies to seek detailed legal advice.
He wrote in a paper submitted to the government: "The precise form any penalty might take will require careful consideration. The creation of a new criminal offence is an obvious option."
Mr Thomas added: "Most importantly [it] would send a clear message that data protection requirements can not be ignored or dismissed. They must be taken seriously by every organisation that processes personal information."
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