Firms on alert amid Web checks

DATA PROTECTION ACT: Information Commissioner gets tough with 1998 legislation

Specialist lawyers have come under extra pressure to ensure their firms' and clients' Internet activities are in line with the Data Protection Act, following the announcement of a new enforcement regime by the Information Commissioner (IC).

The commissioner, Elizabeth France, announced at last week's annual privacy and data protection conference in London, that her office would be adopting a more aggressive stance on enforcement of the 1998 Act, starting with a review of commercial Web sites.

Peter Carey, chairman of the event and IT consultant at City firm Charles Russell, said: 'Up until now the IC has only responded to complaints, but now they are taking a more proactive stance including doubling the number of enforcement staff in the next year.

Web sites is the first area to be targeted and lawyers must warn clients to have proper privacy policies in place on their sites.'

Mr Carey said that by law all sites collecting personal data must carry a statement explaining to users exactly how the information will be used and to whom it will be distributed.

'And lawyers must make sure these procedures are in place on their firm's site too.

Law practices are just as liable to enforcement as supermarket or insurance company Web sites,' he said.

Eduardo Ustaran, senior solicitor in the techmedia department of London firm Berwin Leighton Paisner, echoed the warning.

'I think the message coming from the IC is that the Act was passed in 1998, it is now fully enforceable and you know what it says - we are now going to take action where necessary,' he said.

'My advice to legal colleagues would be to alert their clients and firms to the real obligations of data protection law because there are currently a number of misconceptions.'

Andrew Towler