Data Protection Penalties
2010 will see a much more hostile regulatory environment around data protection and privacy!
The UK Information Commissioner's Office (ICO) has been given new statutory powers which see - with effect from 6 April 2010 - the introduction of new penalties, unlike any seen before, for breaches of the Data Protection Act (DPA) 1998. The ICO has also been granted new statutory powers to audit government departments.
The data protection regime in the UK has never looked so intimidating!
What penalties are available to the ICO?
- Fines of up to £500,000 for serious contraventions of the DPA;
- 25 Monetary Penalty Notices (MPNs) are expected to be issued each year by the ICO;
- Prison Sentences for deliberate or negligent customer data leaks by individuals within an organisation may also become available;
- DPA compliance costs are set to rise accordingly, for UK organisations.
The new statutory powers the ICO has just gained gives them the power to audit government departments without consent, thanks to the passing of the Coroners and Justice Act 2009.
It is clear that there is now a narrow window of opportunity for organisations to review their privacy practices and information governance in order to prepare for what will be the much more hostile regulatory environment to come.
What resources are available to help us meet these requirements?
We have developed and sourced many products which will help any organisation to meet the requirement of the DPA. The best place to start it to assess your current level of compliance and then identify how to close any gaps.
The Data Protection Act (DPA) 1-Day Course is a logical place for any organisation to start. This is an up-to-the-minute course which ensures delegates can tackle DPA compliance in their own organisation.
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The DPA Compliance Assessment Tool draws on core advice on DPA compliance from the UK Information Commissioner's Office, and contains a series of 16 key questions with associated recommendations and guidance that enable organisations to identify steps they need to deal with a specific issue or with a broad range of mitigation actions. |
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The DPA Compliance Toolkit contains the document templates and tools that are essential for any UK data controller (and UK organisation that is responsible for personal information) seeking compliance with the UK Data Protection Act 1998. |
There are many DPA related Books, Guides & Reports through the website. Here are some of the latest and most popular resources available:
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Information Security Breaches: Avoidance and Treatment based on ISO27001 This pocket guide outlines a process and its elements for the treatment of severe breaches, and places them in the context of the associated ISO27001 controls. It provides input for decision making and breach classification, and case studies where the reader can check out how other companies were affected and what they did, or did not do, upon becoming the victim of a breach.
It will form a first line of defence for the reader who is the victim of an incident and is looking for guidance and direction. Here, it will help the reader by identifying, discussing and evaluating treatment options and, through the case studies, it will reduce the tension of the situation readers may find themselves in once a breach occurs. |
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Data Protection Compliance in the UK Written by leading data protection experts from international law firm Pinsent Masons LLP, this pocket guide provides everyone involved in the protection and security of personal data with clear guidance on the requirements of the DPA and how these must be met.
The book includes a helpful compliance checklist for staff, ensuring that its recommendations can swiftly be brought into practice. Order your copy of this quick and concise guide to the UK's Data Protection Act today! |
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Data breaches: Trends, costs and best practices Data breaches: Trends, costs and best practices 2008, from IT Governance Publishing, gives you the latest information and worldwide trends in corporate data breaches - those that affect personally identifiable information and contravene laws such as the UK Data Protection Act, HIPAA and so on - and identifies best practice for avoiding business, regulatory and brand damage.
This report, its findings and recommendations, will help organisations around the world strike the correct balance between data availability and data security.
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