Data tsar to get budget boost

The Information Commission has begun its search for a new leader with expertise in privacy issues and technology.

When appointed, the new head of the UK watchdog responsible for data protection should benefit from an increased budget to improve the organisation's responsiveness and encourage wider compliance with data protection laws.

Last week, the commission started advertising for a replacement for Elizabeth France, the current commissioner, who will leave in November. The job has a salary of £85,000 and the appointment will be made through the Lord Chancellor's Office.

Responsibilities include encouraging compliance with the Data Protection Act and promoting good practice in holding personal data. The new commissioner will be expected to keep abreast of technological developments and oversee policy to provide firms with guidelines on monitoring staff.

The commission has so far struggled to provide such guidelines. Since 2000 the body has been promising to provide firms with a code of practice, including guidance on monitoring staff in the workplace and compliance with data protection law. However, that code has been delayed, and the first instalment is now about 12 months overdue.

In July last year the Commission published its first annual report, and said that the boom in internet and IT services and data storage had made data protection and privacy pressing issues for business.

However, it has been criticised for delays in issuing guidelines and for its failure to tackle firms infringing data protection laws.

Assistant commissioner David Smith said the body has lacked the resources to prosecute firms. He explained that, although the commission wanted people to report infringements, he could not guarantee that reports would be followed up.

Smith added that time and financial constraints limited the Commission's ability to act, and that taking a case to court would be too expensive and would require too many man hours to complete.

For 1999 to 2000 the Commission had a budget of £4.7m, a figure which last year rose to £5.3m. However, the Commission is due to have its staff doubled to 300 and its budget increased to £9m by 2005, a move which may encourage the body to take a more active role in the future.

The commissioner will have a key role in promoting online development and will work with the e-envoy's office to develop standards for online authentication and identification.

The Commission is also responsible for ensuring that, if law enforcement agencies track individuals' data, mobile phone conversations or electronic correspondence, the process is carried out in accordance with the law.