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Paul Motion and Laura Irvine, who appeared as counsel at the only successful UK appeal against a MPN (Monetary Penalty Notice) imposed for breaching the DPA, will provide an insight into: - how the MPN regime works - how best to deal with an investigation - when you should appeal!
Date: Thursday, 13 November 2014
Time: 10:30 - 12:30
Location: Aberdeenshire Council Council Chamber, Woodhill House, Westburn Road, Aberdeen , AB16 5GB
Paul Motion: Partner, Solicitor Advocate & Head of bto's Data Protection Defence Team
Laura Irvine: Associate & Criminal Solicitor Advocate, bto's Data Protection Defence Team
Audience:Data Protection Officers, especially from the public sector, local government and health providers; Charities and Social Housing providers; Education providers.
10:15 - 10:30 Registration
10:30 - 12:00 Seminar
Discussion and buffet lunch
Fee:This seminar is free of charge.
The Information Commissioner’s Office (ICO) has had the power to impose £500,000 fines (Monetary Penalty Notice) on data controllers since April 2010. The fines imposed have been significant and the largest to date is £325,000. There have been only three appeals against these fines, and only one successful appeal in relation to a breach of the Data Protection Act 1998. The cases provide significant guidance to data controllers as to how the ICO decides on whether or not a fine should be imposed and the size of the fine.
The ICO expects self-reporting of data losses, so if your organisation is under investigation your instinct will be to co-operate and hand over factual material. However, the same material is often used to justify a Monetary Penalty Notice. There is an argument that these fines should be considered criminal in nature, which would inevitably result in additional safeguards being put in place for data controllers who face these fines.
Paul Motion and Laura Irvine, who appeared as counsel at the only successful UK appeal against a MPN imposed for breaching the DPA, will provide an insight into:
“The level of service has always been excellent, with properly experienced solicitors dealing with appropriate cases"Legal 500