§ Mr. DismoreTo ask the Secretary of State for the Home Department (1) how many alleged contraventions of the Data Protection Act 1998 are outstanding before the Information Commissioner; what the date is of the oldest complaint; what is(a) the average and (b) the mean age of outstanding complaints; and if he will make a statement; [160161]
(2) in what circumstances, when requested to do so on a complaint under section 55 of the Data Protection Act 1998, the Information Commissioner will institute (a) criminal inquiries and (b) downgrade the complaint to an assessment under section 42; [160160]
(3) in what circumstances the Information Commissioner will require from a complainant, before investigating a complaint under (a) section 55 and (b) section 42, (i) conclusive evidence of breaches of the Data Protection Act 1998, (ii) compelling evidence, (iii) prima facie case or (iv) other supporting evidence, and in each case, on what basis the request by the Commissioner is made; and if he will make a statement; [160158]
(4) under a complaint made under section 42 of the Data Protection Act 1998, evidence obtained by the Information Commissioner is admissible evidence where breaches of section 55 are revealed by the Commissioner's investigation; and if he will make a statement; [160157]
(5) when he expects to receive a report on the complaint to the Data Protection Commissioner, dated 27 July 2000, made by Hendon Conservative Association against the Conservative Party Secretariat; and if he will make a statement. [160159]
709W
§ Mr. Mike O'BrienThese questions cover matters which fall within the operational responsibility of the Information Commissioner. The Commissioner administers and enforces the Data Protection Act 1998 independently of the Government.
I have noted the length of time taken to resolve the issue and I have written to the Commissioner asking when she will be in a position to resolve this matter and drawing her attention to the issues raised by my hon. Friend's questions. I understand she will reply directly to him.
The Commissioner publishes complaints statistics in her annual report to Parliament and a statement of her policy on the handling of assessments under section 42 of the 1998 Act is available on her website at www.dataprotection.gov.uk.