Data Protection fines regime

The request was successful.

Dear Information Commissioner’s Office,

It is my understanding that the Data Protection Act 2018 currently implies that the fines regime for data protection breaches by public authorities is likely to be different to the fines that can be given to private companies.

As a result can you provide me with any information held which clarifies what the current legal situation is?

Yours faithfully,

Ms Russell

AccessICOinformation, Information Commissioner's Office

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Yours sincerely

The Information Commissioner’s Office

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Jonathan Baines left an annotation ()

As it may take a while for ICO to reply, I can confirm that there is no distinction in the DPA 2018 between public authorities and other entities when it comes to monetary penalties.

Information Commissioner's Office

13 September 2018

 

Case Reference Number IRQ0785364

 

Dear Ms Russell

Thank you for your recent request for information. We received your
request on 11 September.
 
We will be considering your request under the Freedom of Information Act
2000. You can expect us to respond in full by 9 October. This is 20
working days from the date we received your request. If, for any reason,
we can’t respond by this date, we will let you know and tell you when you
can expect a response.
 
If you have any questions please contact me using the IRQ case reference
number above or by replying to this email and leaving the subject field
unchanged.
 
Thank you for your interest in the work of the Information Commissioner's
Office.
 
Yours sincerely 
  
 
 

Jessica Duckworth
Senior Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 4146497  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
Please consider the environment before printing this email
For information about what we do with personal data see our [3]privacy
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Information Commissioner's Office

9 October 2018

 

Case Reference Number IRQ0785364

 

Dear Ms Russell

Thank you for your recent request for information. We received your
request on 11 September.
 
We have considered your request under the Freedom of Information Act 2000.
 
Your request
 
“Dear Information Commissioner?s Office, It is my understanding that the
Data Protection Act 2018 currently implies that the fines regime for data
protection breaches by public authorities is likely to be different to the
fines that can be given to private companies. As a result can you provide
me with any information held which clarifies what the current legal
situation is?”
 
Our response 
 
The Freedom of Information Act 2000 provides public access to recorded
information held by public authorities.
 
The information held in the scope of your request would be the legislation
itself (Article 83 GDPR sets out the general conditions for imposing
administrative fines) and the Regulatory Action Policy, which can be seen
our on our website, if it is of interest.
 
In order to be helpful, I can confirm that there is no distinction between
the fine regimes for data breaches by public authorities and private
companies.
 
This concludes our response to your request.
                                
Next steps
 
I hope this response is clear. If you would like me to clarify anything
about the way your request has been handled please contact me.
 
You can ask us to review the way we have handled your request. Please see
our review procedure [1]here.
 

Yours sincerely

 
 
 

Jessica Duckworth
Senior Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 4146497  F. 01625 524510  [2]ico.org.uk  [3]twitter.com/iconews
Please consider the environment before printing this email
For information about what we do with personal data see our [4]privacy
notice

 
 
 

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