UK's Data Protection Act does not implement European law properly

The UK's Data Protection Act (DPA) does not implement European law properly, according to the European Commission which is investigating problems in the UK's implementation of 11 of the Data Protection Directive's articles, almost a third of the entire directive.

Using freedom of information legislation, OUT-LAW.COM has learned that 11 articles are the subject of two commission letters to the UK Government, even though the Government has refused to provide these details to Parliament.

In June 2005, Labour MP Harry Cohen asked the Government exactly what problems the commission had identified when it said that the DPA was a defective implementation of the directive.

Parliamentary undersecretary Bridget Prentice refused to answer.

“We currently have no plans to disclose the detail of those discussions as the formal Commission investigation process is still taking place,” she said. “If the Government were to disclose the information requested, it would prejudice the negotiating process between the UK and the Commission and so prejudice UK interests”.

The articles of the directive which the commission claims have not been implemented properly are articles 2, 3, 8, 10, 11, 12, 13, 22, 23, 25 and 28 – just under a third of the directive's 34 articles.

These articles relate to:

  • the
    definitions used in the Directive (e.g. the meaning of personal data);
  • the
    scope of the Directive's application to manual files;
  • the
    conditions when sensitive personal data can be processed;
  • the
    fair processing notices give to individuals;
  • the
    rights granted to data subjects;
  • the
    application of exemptions from these rights;
  • the
    ability of individuals to seek a remedy when there is a breach;
  • the
    liability of organisations for breaches of data protection law;
  • the
    transfer of personal data outside European Union;
  • and
    the powers of the Information Commissioner.

Full story on The Register.

Has the UK Government deliberately watered down the Data Protection Act in order to build the massive big brother databases, and allowed them to collect DNA with virtually no recourse such as in the David Mery case.

Couple this with the destruction of the OGC gateway reviews on ID Cards, NIR and NPfIT in defiance of the Information Commissioners ruling, obviously hiding something about those databases that it does not want the public to know, then we begin to suspect that Government are not acting in the public interest, but is instead building a one party authoritarian state under the guise of lip service to the EU.

NuLab – Destroying Britain from the inside out.

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About IanPJ

Ian Parker-Joseph, former Leader of the Libertarian Party UK, who currently heads PDPS Internet Hosting and the Personal Deed Poll Services company, has been an IT industry professional for over 20 years, providing Business Consulting, Programme and Project Management, specialising in the recovery of Projects that have failed in a process driven world. Ian’s experience is not limited to the UK, and he has successfully delivered projects in the Middle East, Africa, US, Russia, Poland, France and Germany. Working within different cultures, Ian has occupied high profile roles within multi-nationals such as Nortel and Cable & Wireless. These experiences have given Ian an excellent insight into world events, and the way that they can shape our own national future. His extensive overseas experiences have made him all too aware of how the UK interacts with its near neighbours, its place in the Commonwealth, and how our nation fits into the wider world. He is determined to rebuild many of the friendships and commercial relationships with other nations that have been sadly neglected over the years, and would like to see greater energy and food security in these countries, for the benefit of all. Ian is a vocal advocate of small government, individual freedom, low taxation and a minimum of regulation. Ian believes deeply and passionately in freedom and independence in all areas of life, and is now bringing his professional experiences to bear in the world of politics.
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0 Responses to UK's Data Protection Act does not implement European law properly

  1. Anonymous says:

    The good news is that thanks to the supremacy of EU law over most of UK law, UK courts have to abide by the Directives (once the implementation deadline has expired) instead of UK law, when the wording of the Directive is precise and unconditional. This is called “direct effect”, see Ursula Becker v Finanzamt.
    So, if anyone has a problem with some aspect of UK law which is covered by a precise Directive, then they can go to a UK court and enforce the EU Directive.
    Thank goodness the UK is a member of the EU.
    IanS