Differences in DPA enforcement against public and private organisations

Information Commissioner’s Office did not have the information requested.

Dear Information Commissioner’s Office

It is reported that counsel for your office, during the oral hearing of ENF0406305 (appeal against Monetary Penalty Notice by Central London Community Healthcare NHS Trust) said

"The ICO believes that public bodies should be subject to higher standards of data protection than private bodies”

http://dataprotector.blogspot.co.uk/2012...

I accept this is hearsay of an oral argument in tribunal, and may not reflect the ICO's true belief.

However, I would like to request disclosure under FOIA of any information you hold about your enforcement of the Data Protection Act 1998 (DPA) which refers to different approaches, or different "beliefs" depending on whether the data controller is a public body or a private body.

(I note that, in one respect - namely, relating to section 1(1)(e) - public authorities are subject to different obligations under the DPA. For the avoidance of doubt, I am not seeking disclosure of information relating to this point).

Yours faithfully

Jonathan Baines

Information Commissioner’s Office

PROTECT

11 December 2012

Case Reference Number IRQ0476845

Dear Mr Baines 
 
 
Request for Information
 
Thank you for your correspondence dated 11 December 2012, asking for any
information the ICO holds about our enforcement of the Data Protection Act
1998 (DPA) which refers to different approaches, or different "beliefs"
depending on whether the data controller is a public body or a private
body.
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond promptly, and no later than 14
January 2013 which is 20 working days from the day after we received your
request.
 
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. However, please be aware that this is an
automated process; the information will not be read by a member of our
staff until your case is allocated to a request handler.
 
Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
 

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner’s Office

PROTECT

21 December 2012

Case Reference Number IRQ0476845

Dear Mr Baines 
 
Further to our acknowledgment of 11 December 2012 we are now in a position
to provide a response to your request.
 
Your request read:

“However, I would like to request disclosure under FOIA of any
information you hold about your enforcement of the Data Protection
Act 1998 (DPA) which refers to different approaches, or different
"beliefs" depending on whether the data controller is a public body
or a private body.”
 
We have considered your request under the Freedom of Information Act 2000.
 
We do not hold any recorded information in the scope of your request.
 
As a matter of advice and assistance we would point you to the [1]data
protection regulatory action policy. It does not cover your precise point
(as you would expect given the first sentence of this response) but covers
the wider issue. You will see on page 5 a sentence referring to the
possibility that the public sector may receive more attention than the
private because of the type of processing it does but this does not extend
to an expectation of different standards/approaches or ‘beliefs’.
 
Whilst we have not been able to provide any recorded information in the
scope of your request, I hope this response is of some interest.
 
However, if you are dissatisfied with the response you have received and
wish to request a review of our decision or make a complaint about how
your request has been handled you should write to the Information
Governance Department at the address below or email
[2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response.  Any such request
received after this time will only be considered at the discretion of the
Commissioner.
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  

To make such an application, please write to the First Contact Team, at
the address below or visit the ‘Complaints’ section of our website to make
a Freedom of Information Act or Environmental Information Regulations
complaint online.

A copy of our review procedure is available [3]here

Thank you
 
Yours sincerely 

Helen Ward
Lead Information Governance Officer  

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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1. http://www.ico.gov.uk/what_we_cover/taki...
2. mailto:[email address]
3. http://www.ico.gov.uk/about_us/~/media/d...

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