Letter to The Independent

Written by Sarah Ludford MEP on Thu 23rd Aug 2007

The Editor,

The Independent,

Dear Sir,

You report (August 21st) the Liberal Democrats' attack on the Labour government's erosion of privacy and civil liberties. One point is the weakness of the UK Information Commissioner to enforce data protection laws.

I asked the European Commission to examine whether formal infringement proceedings should be opened against the UK for the failure properly to implement the EU data protection directive. Richard Thomas lacks the strong audit and inspection powers to deal with unacceptable data security breaches which privacy supervisors in other EU member states enjoy. In the UK, ludicrously, access to the premises of companies - or government departments - can only take place with their express permission or with a warrant.

The Commission has just replied, assuring me that it is indeed examining the compatibility of UK legislation, case law and practice with the provisions of the directive, including whether the extent and adequacy of the powers of the Information Commissioner meets the text's requirements as regards the monitoring role of national data protection supervisory authorities.

I hope it will not be necessary for the UK government to be dragged to the European Court of Justice for Mr Thomas to get adequate privacy-defending powers, especially against snooping abuses by the State.

Yours sincerely,

Sarah Ludford