Well, I've now skimmed through this piece, and I must say I'm very unimpressed, and it sits very oddly as a piece of supposed academic work. It's sloppy (e.g. it alternates between "fine" and "penalty"), it fails to define its terms ("Data Protection Act" - what year? we all know which one, but a non-informed reader wouldn't) and it's inaccurate (it proceeds on the understanding that "self reporting" is mandatory under DPA 1998 for some sectors - it isn't (I know NHS IG Toolkit effectively mandates it, but that's not a legal obligation).
More fundamentally though, I'm unsure where the author has got his data from, because he doesn't say. When I've looked at monetary penalty notices I've observed that it is sometimes unclear whether they arose from self-reporting or not, but he seems very certain about his data (maybe the ICO gave him the data, but if so, he should say). And even more fundamentally, he seems to proceed on the assumption that all serious contraventions warranting a monetary penalty notice are the same level of seriousness (i.e. he doesn't address the fact that the MPN can vary between - in theory at least - £0.01 and £500,000. Failure to take this into account surely renders all the statistical analysis effectively worthless doesn't it?
Seriously, if I'm missing the point, I'd love to be put right. This just seems not at all to the standard SSRN papers normally attain.
best wishes,
Jon Baines,
Chairman,
nadpo.org.uk<http://nadpo.org.uk/>
On 7 May 2014, at 12:56, "Lawrence Serewicz" <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Dear All,
I came across this paper at the Trust, Risk, Information and the Law Conference at Winchester on the 29th of April. http://www.winchester.ac.uk/academicdepartments/Law/Centre%20for%20Information%20Rights/Next%20Event/Pages/NextEvent.aspx
I thought you might find it interesting. It suggests, based on an analysis of reported breaches to the ICO, that statistically it is better not to report and run the risk of being caught than to voluntarily report the breaches.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2371729
The author has provided their contact details if you are interested in contacting them.
Best,
Lawrence
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