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The Information Commissioner's responsibilities look set to expand dramatically as a result of EU Data Protection laws and the possible implementation of recommendations about his role made in the Leveson Report. This could result in a funding shortfall of £42.8 million that may have to be paid for by the taxpayer. The removal of the notification fee payable to him by data controllers and other funding cuts could compromise his work unless Government finds a solution. The Information Commissioner has handled more casework and significantly cutting the backlog of freedom of information appeals at the same time as reducing his budget. The funding for freedom of information work was cut by 23% from £5.5 million in 2011-12 to £4.25 million in 2012-13. This report reiterates the Committee's recommendation that the penalties for data protection offences must be increased to provide a more effective deterrent and asks why the Government has not adopted recommendations that custodial sentences should be made available for breaches of section 55 of the Data Protection Act. There are also concerns that a significant number of public sector bodies that handle sensitive private data have refused free audits from the Information Commissioner that could identify security problems in the way they are handling data. The MPs call for compulsory audits to be extended to NHS Trusts and local councils. The Committee also reiterates its view that the Information Commissioner should be granted greater independence from the executive by being made directly responsible to, and funded by, Parliament
Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the West. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.
The post of Information Commissioner is one of those identified as eligible for pre-appointment hearings by the Justice Committee. The current Commissioner, Richard Thomas, is due to step down in June 2009 after five years in post, and the preferred candidate to succeed him is Christopher Graham, Director General of the Advertising Standards Authority. The Committee was invited by the Ministry of Justice to report on Mr Graham's suitability for the role, which is to be extended by provisions in the Coroners and Justice Bill going through Parliament. Mr Graham's background clearly provides him with a range of experience indicative of his suitability to be a candidate for the role of Information Commissioner, including familiarity with the regulatory landscape, the development of codes of practice, the potential for judicial review, customer service, assessing compliance, running a large organisation and managing change. In view of the overall challenge facing a new Information Commissioner - an increase of an order of magnitude on what Mr Graham has previously dealt with - the Committee welcomed the opportunity to question him on his view of the priorities and potential approach. The Committee believes the Government should ensure the Commissioner has sufficient resources for its work. The Committee endorses Mr Graham's suitability for appointment as Information Commissioner and his preliminary view of the priorities of the role and its supporting organisation. It looks forward to a continuing dialogue on progress both in protecting people's personal information effectively and sensitively, and in securing implementation of the letter, and the spirit, of the Freedom of Information Act.
Diane Rowland examines recent developments in criminal law, tort, contract law and intellectual property rights law that have taken place in response to technological advances and innovations.
Drawing special attention to: Coroners and Justice Bill (current Bill is as amended by Public Bill Committee: Bill 72, ISBN 9780215518804)
The 2nd report (HLP 18-I, session 2008-09, ISBN 9780104014257) from the Select Committee on the Constitution examines the relationship between surveillance, citizens and the state. The Committee sought to answer the following questions: (i) have increased surveillance and data collection by the state fundamentally altered the way it relates to its citizens; (ii) what forms of surveillance and data collection might be considered constitutionally proper or improper? Is there a line that should not be crossed? How could it be identified? (iii) what effect do public and private sector surveillance and data collection have on a citizen's liberty and privacy? (iv) how have surveillance and data collection altered the nature of citizenship in the 21st century, especially in terms of citizens' relationship with the state? (v) is the Data Protection Act 1998 sufficient to protect citizens? Is there a need for additional constitutional protection for citizens in relation to surveillance and the collection of data? The Committee has set out a number of recommendations, covering the following areas: information commissioners; the national DNA database; CCTV; legislation and the legislative process; the Government and Parliament; public and private sector organisations. A companion volume 2 containing evidence is also available (ISBN 9780104014264).