Accelerated Consultation on Information Commissioner's inspection powers & funding

[Mary Hawking]

This came out on 16th July - with a closing date of 27th August.
Even by government standards, isn't that a bit short? Especially at this=20
time of year?

"The Information Commissioner=E2=80=99s inspection powers and funding=20
arrangements under the
Data Protection Act 1998 Consultation Paper

Http://www.justice.gov.uk/docs/cp1508.pdf

"The Code of Practice on Consultation notes that =E2=80=9Ca minimum 12 week=
=20
consultation process is required during the development of policy=E2=80=9D.=
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The Code of Practice also says, =E2=80=9Chowever, there will be exceptional=
=20
circumstances that require a consultation period of less than 12=20
weeks=E2=80=9D. Michael Wills MP, Minister of State in the Ministry of=20
Justice, has approved a shorter consultation period of six weeks due to=20
the particular circumstances surrounding this consultation. Events in=20
recent months have demonstrated the pressing need for the Commissioner=20
to acquire new powers to discharge his data protection functions."

The wholesale loss of unencrypted discs, USB sticks and laptops=20
containing identifiable personal data is certainly deplorable - but=20
surely already covered by the existing powers?
How will more powers help - especially if prior agreement to a GPA would=20
exempt the data controller from any penalties under 55A for breaches=20
found under such an assessment?

  "The Data Sharing Review recently conducted by the Information=20
Commissioner, Richard Thomas, and Dr Mark Walport of the Wellcome Trust,=20
has already consulted broadly on the data protection framework including=20
the powers of the Commissioner and penalties for non-compliance with=20
data protection legislation. Moreover, this consultation is targeted at=20
a specific group, data controllers, and is focussed on proposals that=20
are neither technical nor complex."

Odd, I had thought that the consultation was about data sharing - don't=20
remember it being about the powers of the Information Commissioner.

Among the organisations consulted (list snipped) ..
"Foundation for Information Policy Research
General Medical Council
Royal College of Pathologists
Royal College of Physicians And Surgeons of Glasgow
Royal College of Physicians of Edinburgh
Royal College of Physicians of London
Royal Pharmaceutical Society of Great Britain
The Wellcome Trust "

Notably missing are the remainder of the "medical mob" - BMA, RCGP,=20
Royal College of Obstetricians and Gynaecologists etc.

I wonder whether this *was* an oversight?

But I am glad to see they are consulting FIPR!

As the response to the call for immediate action was so immediate, when=20
do you expect the other recommendations, including those to allow access=20
to medical records and the demand that receiving NHS care gives implied=20
consent to use of medical records for research to be introduced?

Mary Hawking

--=20
Mary Hawking