Amendments to data protection legislation
Published On:Wednesday, January 16, 2019
The GDPR and LED Implementing Regulations (Amendment) Regulations 2018 (SD2018/0309) were approved by Tynwald at its sitting on 15 January 2019. These come into effect on 1 February 2019.
The Amendment Regulations make, amongst other things, some technical changes, some changes to the restrictions set out in Schedule 9 and changes to the enforcement provisions.
In particular, the changes to the enforcement provisions mean that a failure to comply with an information notice is no longer an offence. However, such a failure can now be certified directly by the Commissioner to the High Court where it will be treated as a contempt of court and can result in the issue of a penalty notice by the Commissioner.
An explanation of the changes is set out in the Explanatory Memorandum to Tynwald Members.
Links to the amending regulations and the explanatory memorandum (as per the Tynwald Order Paper) are below: