monetary penalty notices
Post on 18-Jul-2015
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MONETARY PENALTY
NOTICES
WHAT ICO NEEDS TO SHOW
(1) Contravention of data protection principles...
(2) That was serious...
(3) of a kind likely to cause substantial damage
or substantial distress; and
(4) Knew/ought to have known and failed to
take reasonable steps;
(5) MPN is appropriate in the circumstances;
and
(6) A notice of intent has been properly served.
The Contravention
• To be distinguished from the trigger
incident
• Must be identified in the notice
Likely to cause substantial
damage or distress
• Quantity as well as quality
• Substantial distress assumed if sensitive
personal data sent to public
• ICO also relies on stress of being told?!
Knowledge and reasonable
steps
• Risk assessments
• Staff training
Discretion and notice
• Is MPN appropriate
• Did the ICO serve a procedurally correct
notice of intent?
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its registered office at 39 Essex Street, London WC2R 3AT Thirty Nine Essex Street's members provide legal and advocacy services as independent, self-employed barristers
and no entity connected with Thirty Nine Essex Street provides any legal services. Thirty Nine Essex Street (Services) Limited manages the administrative, operational and
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