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Have respect for info-rights

Richard Thomas, Information Commissioner
There has been a sea-change. Information rights have never been
taken more seriously – by politicians and the public sector,
by business leaders, by the media and, crucially, by private individuals.
At the ICO, we are proud of a very successful year. We have handled
unprecedented caseloads. We have shown our regulatory teeth with
successful prosecutions and enforcement action. Our hard hitting
reports on the pernicious illegal trade in personal information
are producing tangible results. We have started a national debate
about surveillance issues and this has inspired two [parliamentary]
select committee inquiries. Individuals’ awareness of data
protection rights has risen to 82% (from 76% last year).
Data protection has never been more necessary nor faced greater
tests. Personal information is now used in previously unimaginable
ways. In the world of cheap and almost limitless processing and
storage capacity, commercial and political pressures to escalate
the use of the electronic footprints we leave many times a day,
become almost irresistible. The benefits of using personal information
are undeniable.
But so are the risks for individuals and society where use goes
beyond reasonable expectations or where things go wrong. The purposeful
routine and systematic recording of everyone’s movements,
activities and transactions in public and private spaces –
a surveillance society – is fast becoming a reality. The dangers
are graver still as one system is linked to another. The risks,
such as mistaken identity, inaccurate or out of date information
and judgmental profiling, magnify as information is shared ever-wider.
Only data protection and self-interest stand in the way. Although
many of the detailed rules are too bureaucratic, the underlying
principles of data protection have successfully stood the test of
time. They provide a sound framework to minimise the risks and promote
acceptable and beneficial handling of personal information. But
legal regulation is insufficient by itself. The consequences of
getting it wrong can now be seen instantly, domestically and across
the globe, causing great short-term damage to political and commercial
reputations and long-term damage to society. It is ministers, permanent
secretaries, chairs and chief executives who must ensure their organisations
guarantee safeguards and exercise the necessary self-restraint.
This is simple self-interest which must come from the top.
Recent security breaches, permitting the wrong people to access
confidential information, provide a powerful illustration of the
need to ensure that safeguards are achieved in practice. The roll
call of banks, retailers, government departments, public bodies
and other organisations which have admitted serious security lapses
is frankly horrifying. How can laptops holding details of customer
accounts be used away from the office without strong encryption?
How can millions of store card transactions fall into the wrong
hands? How can online recruitment allow applicants to see each others’
forms? How can any chief executive of a bank face customers and
shareholders and admit that loan rejections, health insurance applications,
credit cards and bank statements can be found, unsecured, in non-confidential
waste bags?
Security breaches are just one example. Customer, employee, stock
market and voter expectations are high for all aspects of data protection.
My office is committed to making it easier for those organisations
who seek to handle personal information well – and tougher
for those who do not. My message to those at the top of organisations
is to respect the privacy of individuals and the integrity of the
information held about them, to embrace data protection positively
and to be sure you are not the business or political leader who
failed to take information rights seriously.
This is an edited version of Richard Thomas’ annual
report foreword. Richard Thomas is the UK’s Information
Commissioner and head of the Information Commissioner’s Office
(ICO), the independent public body set up to promote access to official
information and protect personal information
News: UK state data-sharing
lacks adequate security (7 August 2007)
News: ICO issues policy on data
sharing (8 June 2007)
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