By Mark Ballard for The
Register.
This story has been reproduced with permission.
Reporting to the first hearing of the Home Office Select
Committee into the surveillance society today, Information
Commissioner Richard Thomas said: "The Home Office have accepted in
principle that we should have the power to go in and inspect.
"We have got the government to agree we should have that power –
if not in the statute, in the code of practice," he said.
However, he later told the hearing that though his office had
been lobbying the Home Office, the Lord Chancellor, and the
Department of Constitutional Affairs, he still couldn't be sure he
would actually get inspection powers.
"They smile and say they will do it when they can, but we
haven't yet had a firm commitment that they will change the law,"
he said, adding that the European Commission had also waded in to
support the idea.
Thomas said his office's brief presently required it to get the
consent of the data controller before inspecting someone's data to
assess whether it was fairly managed – unless it had enough
evidence of criminal behaviour to get a judge to sign a
warrant.
He was unhappy that while other regulators were allowed to make
spot inspections, he wasn't: "To know that the regulator can step
in has a very sharp deterrent effect on organisations."
Thomas said it had also "been broadly accepted" that he would
regulate public sector access to private sector databases.
"We need a framework to make sure the legitimate purposes of the
police and law enforcement bodies are served by accessing this
data, that it's not a free for all – they can go and and look at
everyone's data and just make merry with it – it's got to be
proportionate, for a defined purpose," he said.
© The Register
2007
