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How the Information Commissioner’s office operates as a regulator David Smith Deputy Information Commissioner.

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Presentation on theme: "How the Information Commissioner’s office operates as a regulator David Smith Deputy Information Commissioner."— Presentation transcript:

1 How the Information Commissioner’s office operates as a regulator David Smith Deputy Information Commissioner

2 The Legislative Framework Data Protection Act 1998 Privacy and Electronic Communications Regs 2003 Freedom of Information Act 2000 Environmental Information Regs 2004

3 EU Directive 95/46/EC On the protection of individuals with regard to the processing of personal data and on the free movement of such data Each member state shall provide that one or more public authorities are responsible for monitoring the application within its territory of the provisions adopted These authorities shall act with complete independence in exercising the functions entrusted to them.

4 Data Protection Act 1998 Data controllers Notification Data protection principles Individual rights

5 Data Protection Act 1998 Exemptions Special purposes Unlawful obtaining/disclosing (“blagging”) Information Commissioner

6 The Information Commissioner Promotion of good practice Provision of information and advice Development of Codes of Practice Ruling on requests for assessment (“complaints”) International cooperation Ensuring compliance

7 Information gathering powers Assessment notices (“compulsory audit”) Consensual audits Specific guidance for data controllers Report to Parliament Sanctions

8 Criminal prosecution Civil monetary penalties Enforcement notices Formal undertakings Appeal to First Tier Tribunal

9 The ICO in Practice A model of good regulation Regard to Regulators’ Compliance Code Focus on risk to data privacy Selective to be effective Maximising our impact Importance of independence

10 In summary Enforce Educate Empower Engage Enable

11 www.twitter.com/iconews Keep in touch Subscribe to our e-newsletter at www.ico.gov.uk or find us on…


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