Government launches public consultation on data protection laws

The Government has launched a consultation with the public to ask for their opinions on the country’s data protection laws and whether the position can be improved. The consultation has a wide remit in that it considers the rights of data subjects, obligations of data controllers, international data transfers, the enforcement powers of the Information Commissioner’s Office and whether people should be able to claim damages for loss of reputation without having to prove any other financial loss.

Paul Gershlick, a Partner at Matthew Arnold & Baldwin LLP and editor of Upload-IT, comments: ‘This consultation sounds like a good idea in theory. But, in practice, there may be little that the Government can do as the Data Protection Act implements a European Union Data Protection Directive. Therefore, any changes need to be in line with that EU law. As it is, the European Commission has recently given the UK an ultimatum to change the Act in line with the Directive.’