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New UK law coming into force in March 2000 [1999] PLBIRp 26; (1999) 49 Privacy Laws and Business International Report 5

UK Data Protection Act enters into force 1st March 2000

THE DATA PROTECTION REGISTRAR announced at her annual press conference that the UK Data Protection Act 1998 will come into force on 1st March 2000. The Home Office's decision to set a firm date now gives organisations a deadline towards which to work.

The Home Office announced the commencement date on 12th July, thus allowing the Registrar to comment on the news at her press conference on the 15th Annual Report two days later.

The Registrar, Elizabeth France, welcomed the announcement, and stressed that despite the Act being brought into force 18 months later than expected, there will be no corresponding slippage in the dates when transitional relief will cease.

"While processing which was under way on 24th October 1998 will not need to meet the additional requirements until 24th October 2001, I am concerned that the slippage in the implementation of the 1998 Act might lull data users into a false sense of security. Data controllers will have to comply fully with the 1998 Act from October 2001 except for some of the provisions relating to manual data," she said.

She recognises, however, that due to the challenges involved in drafting the secondary legislation, it is better to use enough time to get it right now rather than trying to adopt secondary legislation in a rush.

The Registrar's office is now preparing a timetable to ensure a smooth transition from enforcing the old 1984 Data Protection Act. One major change required will be to install new computer systems to maintain a register of notifications.

DRAFT CODE OF PRACTICE ON EMPLOYEE DATA NOW AVAILABLE

Elizabeth France announced that her office is preparing a code of practice governing the uses of personal data by employers. The code of practice will introduce tighter control over the use of employee records in the spirit of the new law.

The 1998 Act will require employers to allow access to manual records, introduce additional safeguards for the processing of sensitive data and stop the practice of enforced subject access. For international businesses, transferring employee data abroad also needs special attention as the data needs to be protected adequately. New technologies also pose threats to workers' personal data. Techniques such as CV scanning and psychometric testing allow employers to take decisions by automated means, and the Act lays down special rules for this type of processing.

A draft code has been produced by Robin Chater of the Personal Policy Research Unit. Once adopted, the code will be published under the 1998 Act. Failure to comply could lead to enforcement action.

TELEMARKETERS FACE NEW RESTRICTIONS

A recent survey commissioned by the Registrar revealed that 86% of the population are concerned over the fact that direct marketers may purchase a copy of the electoral register for their mailing purposes. The Registrar has recommended that individuals should be allowed to opt-out from the use of their electoral register information for marketing purposes. A Home Office Working Party is now considering a system which would include two registers, one just for political purposes, and another which could be used by marketers, but provide for an opt-out.

The survey also revealed that 70% of those interviewed do not wish to receive unsolicited marketing calls and faxes. The Telephone Preference Service and the Fax Preference Service, which enable individuals to opt-out, now have statutory force.

"The majority of people find unsolicited marketing faxes a nuisance but they do not know how to stop them. The opt-out registers run by the Director General of OFTEL provide this service and as Registrar, I will use my enforcement powers to ensure businesses use them," Elizabeth France said.

The Registrar's 15th Annual Report and the employment draft code of practice are available on the Registrar's website at www.open.gov.uk/dpr The Annual Report is also available from Stationery Office Bookshops, ISBN 0-10-272499-7, price £17.