UK Data Protection Bill will require businesses to hand over information to the Information Commissioner Office within 24 hours

May 7, 2018 |

The overhaul/replacement of the UK’s Data Protection Act so as to be compliant with the incoming General Data Protection Regulation (GDPR) will result in increased powers of the Information Commissioner designed to deal quickly with urgent situations, known as urgent information notices from 7 days to 24 hours and empower the information commissioner to obtain a court order to require disclosure of the information referred to in the notice where there has been a failure to comply. There will also be a new offence which would criminalise the destruction, disposal, concealment, blocking or falsification of information and documents the subject of a formal request by  the information commissioner.

When enacted the new look Data Protection Act will be an even more superior piece of regulation to the Australian Privacy Act 1988.  More to the point the UK Information Commissioner has proven to be an effective regulator, using the powers available to her. In Australia the Information Commissioner has been careful not to use his enforcement powers and when acting has been painfully slow.  Determinations have taken up to 2 years to complete.  In excess of a year has been the norm.

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