Introduction
The annual accounts have been prepared in a form directed
by the Secretary of State for Constitutional Affairs with
the consent of the Treasury in accordance with paragraph
(10)(1)(b) of Schedule 5 to the Data Protection Act 1998.
Under
paragraph (10)(2) of Schedule 5 to the Data Protection
Act 1998 the Comptroller and Auditor General is appointed
auditor to the Information Commissioner. The cost of audit
services in the year was £19,200 (2002/2003 £18,150)
and no other assurance or advisory services were provided.
History
On 12th June 2003 responsibility
for the Information Commissioner passed to the newly created
Department for Constitutional
Affairs. Previously responsibility for the Information Commissioner
passed to the Lord Chancellor’s Department from the
Home Office following the Machinery of Government changes
announced in June 2001.
Following implementation of
the Data Protection Act 1998 on 1 March 2000, the corporation
sole
by the name of Data
Protection Registrar, established by the Data Protection
Act 1984, continued in existence but under the name Data
Protection Commissioner.
The Freedom of Information
Act 2000 received Royal Assent on 30 November 2000. The title
of the
Data Protection Commissioner
changed to the Information Commissioner with effect from
30 January 2001.
Principal activitiesThe Information
Commissioner has responsibilities and duties under the Data
Protection
Act 1998 and the Freedom
of Information Act 2000.
The main purposes of the Data Protection Act 1998 are to:
make the nature and use of personal data in computer
systems and structured manual records open to public scrutiny
(through
promoting and enforcing the data protection principles);
ensure
good practice in the use, processing and protection of
personal data in computer systems and structured manual
records (through promoting and enforcing the data protection
principles); and
allow individuals to claim compensation
for damage and any associated distress arising from any
contravention of
the requirements of the Data Protection Act.
During the year work
has continued to implement the Freedom of Information Act 2000 and the revised
Environmental Information
Regulations expected to be made sometime in 2004. The main
purposes of the Freedom of Information Act 2000 are to:
provide for the general right of access to recorded
information held by public authorities and to specify the
conditions
which need to be fulfilled before an authority is obliged
to comply with a request for information;
establish
the arrangements for enforcement and appeal.
The Information
Commissioner is not a typical Non-Departmental Public Body. Such bodies usually
have a relationship with
Ministers which is based on the delegation of Ministerial
powers. The Commissioner is an independent body created
by statute who reports directly to Parliament. He is required
to carry out those functions laid down in the Data Protection
Act 1998 and Freedom of Information Act 2000, using only
those powers which these Acts set out. All his decisions
are subject to the supervision of the Information Tribunal
and the Courts.
The Information Commissioner
is responsible for setting the priorities for his Office,
for deciding how
they
should be
achieved, and is required annually to lay before each
House of Parliament a general report on performance.
The Information Commissioner also has responsibilities
in relation to the Consumer Credit Act 1974, the Privacy
and
Electronic Communications (EC Directive) Regulation 2003
and in respect of European wide law enforcement systems.
The Commissioner is the UK national supervisory authority
for Europol, Eurodac, and the Customs Information System
(CIS) and is a member of the Europol, Eurodac, Eurojust
and CIS Joint Supervisory Authority. The Commissioner
is also
the designated national supervisory authority for the
Schengen Information System and attends the SIS Joint
Supervisory
Authority as an observer prior to the UK accession.
Fuller
details of the Information Commissioner’s activities
and progress towards his objectives during the year are
given elsewhere in the annual report.
Results for the year
The results
for the year and the Information Commissioner’s
financial position at the end of the year are shown in
the attached accounts.
The Income and Expenditure
Account for the year ended 31 March 2004 shows a retained
deficit
of £254,397. This
deficit arises due to HM Treasury guidance on the issue
of grant in aid that precludes NDPBs from retaining more
funds
than are required for their immediate needs. Under normal
conventions applied to Parliamentary control over income
and expenditure, such grant in aid may not be issued
or anticipated in advance of need.
As a result, the year on
year movements in working capital (bank balances, debtors
and creditors) held at the end
of each financial year represent the retained deficit
for the
year and consequently the cumulative deficit in the Income
and Expenditure reserve shown on the balance sheet represents
the total working capital held by the business.
Grant
in aid for 2004-2005 has already been included in the Department
of Constitutional Affairs Estimate
for that
year,
which has been approved by Parliament, and there is no
reason to believe that the Department’s future
sponsorship and future parliamentary approval will not
be forthcoming.
It has accordingly been considered appropriate to adopt
a going concern basis for the preparation of these financial
statements.
Changes in fixed assets
An
IT based case-working and records management system has been
developed and is currently being rolled out
across the
Office. An upgrade to the notification processing system
platform is nearing completion. More details on fixed
assets are given in note 8 to the accounts.
Future
developments
Full individual
rights of access under the Freedom of Information Act 2000
come into force for all public authorities
in
January 2005. In the coming year the Office will approve
the remaining
publication schemes prepared by public authorities in
accordance with the timetable laid down by the Lord Chancellor
and
will continue to expand accordingly to meet projected
workloads.
Assistant Commissioners for Northern Ireland, Wales and
Scotland have been recruited, and the Commissioner will
take forward
the development of their respective offices.
Employee
policies
The Commissioner’s Equal Opportunities policy
aims to ensure that no potential or actual employee receives
more
or less favourable treatments on the grounds of race,
colour, ethnic or national origin, marital status, sex, sexual
orientation,
religious belief or disability. To further this policy
the Office promotes the observance of good employment practice
particularly when relevant to disabled people.
The Commissioner
has an Equality Scheme approved by the Northern Ireland
Equality Commissioner, produced as part
of his responsibilities
under section 75 of the Northern Ireland Act 1999.
The Scheme has been reviewed in the year in advance of recruiting
an
Assistant Commissioner team to be based in Northern
Ireland.
The Information Commissioner
continues to place importance on ensuring priority is given
to the provision of appropriate
training so that staff can develop skills and understanding
of their roles in line with the aims and objectives
of the Office. A full-time training officer has been
in
place throughout
the year.
Maintenance of the provision
of information to, and consultation with employees continues
to be managed
through a staff
intranet and regular meeting with Trade Union representatives
and
this year briefings for all staff were held to
ensure all staff were being kept up to date with changes
affecting the Office. A formal Health and Safety
Policy and Manual
is available
to all members of staff and a Health and Safety
Committee is in place to address health and safety issues.
Better payment
practice code
The Information Commissioner has adopted a policy on prompt
payment of invoices which complies with the ‘Better
Payment Practice Code’ as recommended by Government.
In the year ended 31 March 2004, 97.1% (31 March 2003 – 96.3%)
of invoices were paid within 30 days of receipt or in the
case of disputed invoices, within 30 days of the settlement
of the dispute. The target percentage was 95%.
Richard Thomas
Information Commissioner
7th June 2004
