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Interestingly, the Bar Disciplinary Tribunal has also fined (and named) a barrister whose client files ended up in bin bags.

http://www.legalfutures.co.uk/latest-news/barristers-fined-data-protection-breaches-case-papers-end-bin-online

Jon Baines,
Chair,
nadpo.co.uk 

On 17 Mar 2017, at 10:45, Andrew Charlesworth <[log in to unmask]> wrote:

In which case, we have at least reached an accurate accord - individuals have previously been named in CMP cases, therefore there it would not be entirely unprecedented (and unfair) to name an individual.  However, the ICO is not obliged under the Act to disclose names (or to disclose why they have not disclosed names, subject to FOI).  I would suggest that the reasoning is likely to be that the effect of naming the individual in this case would be likely to have a disproportionate impact on them compared to the likely public benefit to be achieved by the disclosure - I would note that the Crossley and Niebel/McNeish examples are rather different in terms of the nature and scope of the behaviour penalised from the instant case .  I would thus be inclined to take the same position on that point as I did in my initial e-mail, however, your mileage may (and clearly does) vary.  If that is the ICO's reasoning, then ultimately that may end up subject to consideration by the courts.

Andrew

On 17 March 2017 at 10:29, Jon Baines <[log in to unmask]> wrote:
The benighted Andrew Crossley was named:


And this doesn't name the individual, but as it was a sole proprietor company, that's effectively the same thing: 

Jon Baines, 
Chair,

On 17 Mar 2017, at 10:23, Andrew Charlesworth <[log in to unmask]UK> wrote:

All good questions.  However, this is not a prosecution or an undertaking, and the ICO's practice with CMPs appears to be (with the important caveat I have not done a full survey) not to name individual parties.  Thus to name an identifiable individual in one case of a CMP, if they have not done so in all others, would be unfair.  If we are going to make comparisons we need to ensure that we are comparing like with like.  If it turns out that the ICO has named individual parties subject to CMP in the past, then I would happily concede my point is then moot.

Neither the 1998 Act (s55A-E). nor the ICO's guidance make any obvious reference to naming and shaming or bad publicity as being a goal of the CMP process, and there appears to be no expectation that an individual penalised will be named.

On a separate note I might query a) how many clients are likely to choose their barrister, as opposed to 'making that choice' via their solicitor; or b) whether a breach of the DPA would necessarily be a deterrent, if the barrister was otherwise exceptional in their representation, i.e. they get results for their clients.

Andrew



On 17 March 2017 at 10:01, Tim Turner <[log in to unmask]> wrote:
At least three barristers have signed undertakings in the past; all three were named. CMPs are a punishment - surely part of the punishment should be bad publicity? Don’t potential clients of this barrister have a right to make an informed judgement about whether to use their services?

-- 
Tim Turner
www.2040training.co.uk 

From: Andrew Charlesworth <[log in to unmask]k>
Reply: Andrew Charlesworth <[log in to unmask]k>
Date: 17 March 2017 at 09:59:28
To: [log in to unmask]c.uk <[log in to unmask]k>
Subject:  Re: [data-protection] Lawyer Fined

This is not a prosecution, it's a civil monetary penalty.  A quick survey of enforcement actions in 2016-17


shows numerous individuals named in prosecutions, but no individuals named in monetary penalty circumstances.

Andrew



On 17 March 2017 at 09:30, FOI Kid <[log in to unmask]> wrote:
But in almost every instance the name is given. Names of defendants in almost every prosecution are given.
On 17 Mar 2017, at 09:28, Andrew Charlesworth <[log in to unmask]K> wrote:
In these days of Twitter storms, and ill-informed anonymous abuse, I think it is wise to think twice about the wisdom of name and shaming individuals (especially women in traditionally male-dominated professions, who are already often targeted for abuse) as opposed to organisations.  I would suspect that the reputational damage locally will be telling, without opening up the individual to 'vigilante justice'.

Andrew

On 17 Mar 2017 9:14 a.m., "Jon Baines" < [log in to unmask]> wrote:
Some discussion on Twitter yesterday about why the barrister's name was redacted.

Surely (bad) publicity is one part of the enforcement regime? Pour discourager les autres, if you like.

Jon Baines,
Chair,
nadpo.co.uk

> On 17 Mar 2017, at 08:53, Ibrahim Hasan < [log in to unmask]> wrote:
>
> Shock horror > Fine for lawyer who breached the #DPA - stored client files on home computer :
>
> https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2017/03/fine-for-lawyer-who-stored-client-files-on-home-computer/
>
> Ibrahim Hasan
>
> Solicitor and Director
> Act Now Training Limited
>
> www.actnow.org.uk
>
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