The Information Commissioner’s Office

The Information Commissioner’s Office

David Evans

Information Commissioner

•Christopher Graham•Heads ICO•Position is independent•Regulator for:

DPAFOIAPECREIR

Mission

The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

ICO’s role

• Enforce and regulate

•Provide information to individuals and organisations

• Adjudicate on complaints

• Promote good practice

Our performance

c 212,134 – calls to our helplinec 2.29m – visits to our website

Data protection•33,234 – data protection cases received•32,714 – data protection cases closed •c334,000 – organisations notifying

Freedom of information•3,734 – freedom of information cases received•4,196 – freedom of information cases closed

Data protection – what is it?

• Protection of your personal information

Definitions

• Data• Personal data • Sensitive personal data• Data controller• Data processor• Data subject

The PrinciplesTHE PRINCIPLES     

1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-   (a) at least one of the conditions in Schedule 2 is met, and

  (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

     2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4. Personal data shall be accurate and, where necessary, kept up to date.

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6. Personal data shall be processed in accordance with the rights of data subjects under this Act.

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

The seventh principle

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Security breaches

• Currently no compulsion to report• Criteria

- Potential harm to data subjects- Volume of personal data - Sensitivity of the data

Reporting a breach

Use online enquiry form or write

Include- the type of information and number of records- the circumstances of the loss/release/corruption- action taken to minimise/mitigate effect on individuals involved and whether they’ve been informed

Reporting a breach (2)

- details of how the breach is being investigated- whether any other regulatory body has been informed and their response- remedial action taken to prevent future occurrence- any other information you think you should tell us

What we’ll do

• Record the breach and take no further action, or• Investigate the circumstances of the breach and

any remedial action – could lead to- no further action- a requirement for the data controller to take a course of action to prevent further breaches- formal enforcement action compelling this

Publicity

• Not ICO responsibility• Might recommend that a data

controller makes the breach public• Will publicise any formal action

Powers

• Enforcement- Not punishment- Legal notice compelling compliance- Appealable to First–tier Tribunal (Information Rights) - Non-compliance is a criminal offence

Powers (2)

Monetary Penalty Notice• New• A formal notice requiring an organisation

to pay a monetary penalty of an amount determined by the Information Commissioner which must not exceed £500,000 (Section 55A - E Data Protection Act 1998).

Powers (3)

• Prosecution- s55 – unlawful obtaining or disclosure- non-notification

• Undertakings

MPN – when it will be used

• Serious contraventions of DP principles- substantial damage and/or distress- deliberate contravention- knew or ought to have known

• Applies to data controller and not individuals

• How much?

[email protected] 545772

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