Overview

The Information Commissioner’s Office (ICO) in charge of UK data protection and privacy has long suffered as an enforcement agency in terms of its historic inability to impose a meaningful penalty on those in breach of the Data Protection Act (DPA). Data protection laws have been in force in the UK since 1988, but it is only now that the ICO has been given a sensible sanction.

With effect from 6 April 2010, the ICO will have the power to impose financial penalties of up to £500,000 on organisations that seriously and deliberately or recklessly contravene the DPA. This power is generally perceived to be long overdue.

In this briefing, we look at the implications of the new powers and what businesses need to do to avoid penalties.

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