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Three Councils have recently been handed significant fines by the Information Commissioners Office (ICO) for serious breaches of the Data Protection Act 1998.
Whilst the Information Commissioner and the Department for Communities and Local Government hoped that the ICO’s powers to use monetary penalties would need to be used “only sparingly” the total fines imposed since May 2010 exceed £1M. These latest cases highlight just how serious the ICO takes breaches in the safeguarding arena.
To prevent being caught out it is clear that robust systems need to be put in place to ensure that sensitive information is properly managed and carefully disseminated. The ICO emphasized procedures and training as being fundamental to any Data Protection system.
I wonder what the ICO would have done if the Councils had demonstrated effective systems and shown that these employees had received training on those systems, and the loss was simply a matter of bad luck.
If you provide goods or services online that might be of interest to children then you’re going to want to go through the ICO’s “Age Appropriate Design Code of Practice” - a code requiring minimum standards of any online service aimed (or which is likely to interest) children.
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Nazareth Care Charitable Trust which operates a care home in Bonnyrigg, Scotland, recently received a fine after a resident at one of its care homes suffered a fatal injury after falling down a flight of stairs.
Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.
The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.
Senior Associate
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