Jonathan,
I often find it interesting that data controllers are so vociferous and ferocious in their defence against a MPN. In many cases they pay QCs upwards of £500 an hour for their services. (By the way the QCs are worth that money so no problem with their skill set). What always puzzles me is why they did not spend that type of money preventing the breach. More to the point, why do appear not have had that ferocious and vociferous approach to compliance?
I believe everyone has a right to a fair hearing and they are right to a forensic analysis of the case against them. Yet, I cannot help wondering if that sends the right message to their own organisation. They spend so much time and effort fighting the penalty. Is there a lesson about a stitch in time saves nine? So, is the lesson that we should learn is that we get a good QC or that we promote compliance to prevent MPNs? If there was no breach, would there have been a MPN?
Sir Alex Ferguson’s approach to referees only worked, in large part, because Manchester United were so good. If they had been a relegation club, would the referees have been as deferential? Perhaps the referees were not that good, however I have never seen a referee score a goal.
Best,
Lawrence
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 08 November 2013 14:53
To: [log in to unmask]
Subject: Re: [data-protection] Article
Agree completely. The “if you do/don’t do this” you run the risk of a £500,000 fine concentrates people’s minds very quickly.
That said, if I were a data controller in receipt of an MPN I would probably be appealing it aggressively!
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
Follow us on twitter @buckscclegal
From: Lemon, Stephen [mailto:[log in to unmask]]
Sent: 08 November 2013 14:48
To: Baines, Jonathan; [log in to unmask]
Subject: RE: Article
Quite often we would use the threat of a MPN to get staff/management to do things.
If the MPN disappears, it will be a lot harder for all organisations to get work done and for DPA to be taken seriously, I’m sure we all struggle daily with that.
It looks like the ICO are having real difficulty in showing substantial distress and substantial damage.
It would look very much like now every time a MPN is issued the organisation being fined will appeal it and this then uses up even more money, time and resources by all parties, which could ultimately be better used.
Interesting times ahead.
Stephen Lemon
Central Information Management Team
Enterprise Design Authority (EDA)
Enterprise Shared Services (ESS)
Ground Floor
Rosepark House
Upper Newtownards Road
Belfast
BT4 3NR
Tel - 028 90 526728
Network - 26728
Mobile - 07973469593
E-mail - [log in to unmask]<mailto:[log in to unmask]>
Please think of the environment, do you really need to print this email?
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 08 November 2013 14:38
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: Re: [data-protection] Article
I was just reading this…
It’s absolutely essential reading: the MPN regime is creaking, and the outcome of the Upper Tribunal appeal of the Central London Community Healthcare NHS Trust MPN could be either the final straw, or it could reinforce the regime.
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
Follow us on twitter @buckscclegal
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 08 November 2013 14:35
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: [data-protection] Article
Hi All
This is an article by the Solicitor-Advocate who represented Scottish Borders Council in its Appeal to the Tribunal:
http://www.scl.org/site.aspx?i=ed34038
Regards,
Doreen
Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [log in to unmask]<mailto:[log in to unmask]>
"**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing GSX email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. **********************************************************************"
________________________________
All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to [log in to unmask]<mailto:[log in to unmask]&BODY=LEAVE%20data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL>
* To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML>
* To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML>
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]<mailto:[log in to unmask]>
Any queries about sending or receiving messages please send to the list owner [log in to unmask]<mailto:[log in to unmask]>
(Please send all commands to [log in to unmask]<mailto:[log in to unmask]> not the list or the moderators, and all requests for technical help to [log in to unmask]<mailto:[log in to unmask]>, the general office helpline)
________________________________
[Image removed by sender. Strategic Plan]<http://www.bucksccbrochures.co.uk/strategic_plan/>
Hear from residents about the difference Buckinghamshire County Council is making to people’s lives
www.buckscc.gov.uk/plan<http://www.buckscc.gov.uk/plan>
[Image removed by sender. Facebook]<http://www.facebook.com/pages/Our-Buckinghamshire/118283=198190717>Like Us<http://www.facebook.com/pages/Our-Buckinghamshire/118283=198190717> [Image removed by sender. Follow Us] <http://www.twitter.com/buckscc> Follow Us<http://www.twitter.com/buckscc> [Image removed by sender. Watch Us] <http://www.youtube.com/buckinghamshirecc> Watch Us<http://www.youtube.com/buckinghamshirecc>
[Image removed by sender. Investors In People]
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk
Buckinghamshire County Council Email Disclaimer
This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask]<mailto:[log in to unmask]> immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents.
Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this email.
All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.
The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and for the presence of computer viruses.
________________________________
All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to [log in to unmask]<mailto:[log in to unmask]&BODY=LEAVE%20data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL>
* To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML>
* To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML>
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]<mailto:[log in to unmask]>
Any queries about sending or receiving messages please send to the list owner [log in to unmask]<mailto:[log in to unmask]>
(Please send all commands to [log in to unmask]<mailto:[log in to unmask]> not the list or the moderators, and all requests for technical help to [log in to unmask]<mailto:[log in to unmask]>, the general office helpline)
________________________________
________________________________
All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to [log in to unmask]<mailto:[log in to unmask]&BODY=LEAVE%20data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL>
* To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML>
* To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML>
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]<mailto:[log in to unmask]>
Any queries about sending or receiving messages please send to the list owner [log in to unmask]<mailto:[log in to unmask]>
(Please send all commands to [log in to unmask]<mailto:[log in to unmask]> not the list or the moderators, and all requests for technical help to [log in to unmask]<mailto:[log in to unmask]>, the general office helpline)
________________________________
________________________________
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
