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Under the DPA, judges have total discretion whether to rectify data or not. A data controller could write reports containing extremely damaging information which is completely untrue and judges could refuse to change a single word. This is clearly not what the Directive intends.

The Data Protection Society believes that legislation must be passed to remove this anomaly. We have proposed that where inaccuracies in personal data are non-trivial, judges must be compelled to order rectification. Where inaccuracies are both non-trivial and trivial, judges must also order rectification. Only where all the inaccuracies are trivial should judges be allowed leeway.

The European Commission is currently considering this proposal.