The Information Commissioner’s Office (ICO) is the UK’s independent regulator for data protection and information law. The ICO has the power to issue financial penalties for organisations that are found in breach of the data protection laws, such as those set out in the General Data Protection Regulation (GDPR).
Organisations must take steps to protect their customers’ personal data and the ICO has laid out several criteria that it takes into account when calculating a fine. These include: the severity of any potential harm caused by the breach; public interest factors; technical compliance measures taken by an organisation prior to the breach; whether or not there was a deliberate violation of the data protection laws; and any mitigating factors.
The ICO also considers how much an organisation has benefitted financially as a result of the breach. They look at whether profits were made and, if so, take into account the size of those profits when calculating the financial penalty. They also consider any losses or costs incurred by victims that have been identified as having suffered from the data breach.
The ICO has a range of tools it can use to calculate fines, such as percentages of worldwide turnover or fixed-rate penalties, depending on how severe the breach was. They also considers other factors, such as past history in terms of compliance with data protection laws, whether an organisation has acted responsibly since discovering the breach and whether they have a good data protection ‘culture’. They also look at comparable previous fines for other companies with similar breaches, to ensure a level of fairness and consistency.
Overall, the ICO’s calculation of financial penalties is based on a thorough assessment, which takes into account various factors to ensure that organisations are held accountable and take responsibility for any data protection law breaches. The ICO’s stated aim is to ensure that organisations understand the importance of data protection and, by issuing financial penalties, it is able to help drive change in how customers’ personal data is handled.
Solicitor Andrew Swan stated: “I have dealt with many ICO fines for clients over the years and there are many aspects to consider. Generally, swift remedial action to correct the breach is of vital importance. However, the ICO also look to whether the firm involved has a good compliance culture in terms of the data protection laws. Quite simply, that means having good quality data protection policies and procedures, auditing and staff training. They do not expect to see companies simply paying lip service to the laws”.
For more information, please contact Andrew at email@example.com or on tel: 07907 308773.