Information Commissioner: DM industry action needed to avoid ‘over prescriptive data regulation’

March 5, 2012 - PRLog -- The Information Commissioner Christopher Graham has warned that the UK direct marketing industry can expect an ‘over prescriptive’ new EU Data Protection Regulation unless it embraces best practice and becomes fully involved with the legislative process.

In his keynote speech at the Direct Marketing Association’s annual Data Conference, Mr Graham said that while he welcomed many aspects of the new Regulation the EU published in January, the current draft’s focus on ‘process rather than risk’ would over-burden the ICO’s resources with having to ‘deal with box ticking, rather than chasing the cowboys’.

Mr Graham said that the direct marketing industry must continue to follow the highest standards of data best practice and join together in a united voice to ensure that EU legislators pass a ‘lighter touch’ Data Protection Regulation into law:

“There is much to welcome in the current Regulation, but in many respects it is over prescriptive. There is also too much focus on detail that risks making a fetish of process. The Regulation must instead focus on how we can address the real risks.

“The direct marketing industry has an important role to play in the legislative process. It must focus on good practice and respect consumers. It must also remember that this is just the start of a long game; there is a lot more work to do on the Regulation, so the industry must engage with legislators.”

The DMA has already voiced industry fears that the EU’s new draft Data Protection Regulation poses a severe threat to the ability for UK businesses to use data to market their goods and services to consumers and will have serious financial repercussions.

Responding to Mr Graham’s call, Chris Combemale, executive director of the DMA, said that the organisation will be undertaking a number of initiatives to marshal the direct marketing industry’s response:

“Since the Regulation came up for review, we’ve been leading the campaign to ensure EU legislators draft a regulation that balances the data privacy rights of the individual without being at the cost of business.

“We are leading an industry task force with the Advertising Association, conducting research to assess the economic impact of the Regulation, conducting research to measure consumer attitudes towards data privacy, and responding on behalf of the industry to all government consultations.

“In addition to providing an industry response to the Ministry of Justice consultation next week, the DMA will lead industry engagement with ministers and officials at the MoJ, MPs and MEPs to ensure that the views of the creative industries are represented in the legislative process.”

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The DMA was formed in 1992, following the merger of various like-minded trade bodies, forming a single voice to protect the direct marketing industry from legislative threats and promote its development.