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Maybe.
 
BUT he will clearly allow very little time to act on the advice if the Hertfordshire case is taken as an example.
 
Further the statement is perhaps a little disingenuous as there was no such specific advice in the A4E case so far as I am aware - just the general public advice about encryption etc. So whilst there was a failure to follow advice there were no 'suggestions' to the data controller specifically. Nor was there a 'recurrence'. It was a single breach, albeit an ongoing one in terms of principle 7.
 
Risk assess before putting your faith in the hands of regulators publicity speeches ...


From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 02 February 2011 16:55
To: [log in to unmask]
Subject: [data-protection] Two more fines are imminent says ICO

"The Information Commissioner Christopher Graham said two more fines are to be issued soon, and one is in the pipeline. While he did not want to specify what kind of breaches are in question, he indicated that reputable companies that follow his advice had little to worry about, as the ICO would first make suggestions to achieve compliance, and only resort to fines if its advice was not taken on board. Breaches discovered during an audit will not incur a fine unless there is a recurrence of the same breach.
 
Speaking at the PL&B Privacy Officers’ Network meeting on 27 January, Graham said he will use his fining power as and when needed, for serious breaches of the DP Act which cause damage and distress, but does not envisage more than a handful of cases per year.
 
The ICO issued its first fines at the end of 2010, set at £100,000 and £60,000 respectively, with the maximum being £500,000."
 
http://www.privacylaws.com/templates/EnewsPage.aspx?id=1693
 
 
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
tel: 01296 383681
 
 
 

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