Abstract
The Coroners and Justice Act 2009, the Data Protection (Monetary Penalties) (Maximum Penalties and Notices) Regulations 2010 and the Data Protection (Monetary Penalties) Order 2010 came into full force on 6 April 2010, increasing powers available to the United Kingdom's data protection watchdog, the Information Commissioner's Office (ICO). The additions include the power to request compulsory audits of certain ‘data controllers’ (organisations, such as database marketers, which are responsible for processing personal data) and the power to issue monetary fines of up to £500 000 for serious data protection breaches. These changes represent a significant strengthening of the ICO's powers. However, the compulsory auditing powers are limited and, at least for now, apply only to the public sector. The extent to which these powers can be effective, their possible ramifications for database marketers and other data controllers and further changes that may be made further down the line are evaluated below.
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