European Data Protection Digest

Attorney: UK DPA Out of Sync with EU Law

PRIVACY LAW—UK

June 11, 2010

The most important change for the UK Data Protection Act (DPA) is to amend Section 13, which allows only data breach victims who have suffered financial losses to be eligible for compensation, according to Field Fisher Waterhouse partner Stewart Room. Room believes the section contradicts Article 23 of the EU directive, which calls for compensation for any form of damage suffered as the result of a data breach, ComputerWeekly reports. Section 13 also contradicts provisions in the DPA that give the Information Commissioner's Office (ICO) the power to impose fines of up to £500,000 where breaches cause "distress or damage," Room noted at a recent conference. The second most important change, he said, will be to require private organisations to disclose data breaches.
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