Assistant commissioner David Smith admits that the ICO has not been granted any new powers from the government, but says that the unit will investigate cases faster.
In the past year, 16 cases have resulted in prosecution. Smith says the new unit will deal with up to 250 cases in the first year, with a view to taking action with around 150.
The absence of new powers has data protection experts questioning the likely success of the unit in cracking down on data abusers.
Stephen Groom, partner at legal firm Osborne Clarke, says the new division is "a useful move", but he is sceptical about the extent of its powers. "It's essentially an internal arrangement to beef up the ICO, but whether it will mean an exponential step change in the ICO's enforcement activity remains to be seen."
There is currently nothing to stop those companies under investigation from continuing to flout the law whilst an appeal is lodged, but Smith says the ICO is seeking powers to issue offending companies with a 'stop now' order. "It's an area we need to do better in. We do have the money to chase people through the courts, but negotiation, rather than prosecution, would be our first option," says Smith.
Caroline Roberts, the DMA's director of public and legal affairs, said the restructure was a positive move but that to date, the ICO's power had been sapped by a lack of resources and time.
.jpg)
.jpg)