Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
DP redress in the UKDr Ian Brown, University of OxfordUK social science expert for FRA ThematicArea H: Human Rights Issues...
Drivers and mechanisms   Most frequent violations: disclosure of    personal data to unauthorised persons and    the refu...
Barriers to redress   Lack of awareness and understanding of    complex law (little jurisprudence)   Limited compensatio...
Possible improvements   DPA should be made easier to understand,    with distress compensated   Judges should be trained...
Good practices Valuable ICO remedy for data  subjects Strong ICO educational role for data  controllers about their obli...
Good practices Valuable ICO remedy for data  subjects Strong ICO educational role for data  controllers about their obli...
Upcoming SlideShare
Loading in …5
×

Data protection redress in the UK

1,447 views

Published on

Presentation of UK research for EU Fundamental Rights Agency comprehensive study of data protection redress mechanisms

  • Be the first to comment

Data protection redress in the UK

  1. 1. DP redress in the UKDr Ian Brown, University of OxfordUK social science expert for FRA ThematicArea H: Human Rights Issues Relating tothe Information Society
  2. 2. Drivers and mechanisms Most frequent violations: disclosure of personal data to unauthorised persons and the refusal of access to personal data held by the police, medical services, social services, employers and others In the great majority of cases the damage caused was emotional distress Mechanisms used: claim in the ordinary courts; taking a complaint to ICO; appealing against a decision of ICO to the Information Rights Tribunal
  3. 3. Barriers to redress Lack of awareness and understanding of complex law (little jurisprudence) Limited compensation – only by courts, normally for pecuniary loss, not distress Courts unsympathetic – interpret narrowly, award nominal damages, prioritise FoE Lack of judicial expertise in lower courts – no specialisation, few cases Cost of litigation – no legal aid, cost orders ICO prefers informal approach, individual cases rarely lead to enforcement
  4. 4. Possible improvements DPA should be made easier to understand, with distress compensated Judges should be trained in DP law ICO should publish its ‘compliance likely/unlikely’ assessments in DPA cases Legal aid should be granted in DPA cases ICO should have resources for test cases Provision for collective redress
  5. 5. Good practices Valuable ICO remedy for data subjects Strong ICO educational role for data controllers about their obligations, and public about data protection law Civil society assistance to data subjects in using redress mechanisms Central and local government ‘one stop’ procedures for complaints
  6. 6. Good practices Valuable ICO remedy for data subjects Strong ICO educational role for data controllers about their obligations, and public about data protection law Civil society assistance to data subjects in using redress mechanisms Central and local government ‘one stop’ procedures for complaints

×