Data Protection Audits
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14 February 2010
The Information Commissioner is the government body responsible
for data protection in this country. It has powers to fine organisations found
to have committed serious data protection breaches fines up to GBP 500,000.
However an interesting read in draft Code of Practice indicates that it will not
fine those companies who have discovered breaches gathered in an audit.
The report says as follows -The Information Commissioner will
not impose a monetary penalty on a data controller where a contravention was
discovered in the course of carrying out an audit. The Information Commissioner
must reserve the right to use any of his powers in the case of any identified
major noncompliance where the data controller refuses to address a
recommendation within an acceptable timescale-
The Commissioner Christopher Graham.said - my audit team is
developing a risk based approach to help us focus on those organisations where
complaints are significant and where business intelligence highlights the risk
of failure-
So on the one hand you have to be seriously bad, perhaps akin to
the Hannibal Lecter of Data Protection breaches to suffer a significant fine but
that said it is worth considering an audit and one which will allow you to
recitfy the breaches.
At Lawdit we have a dedicated data protection team and Michael
Coyle has over ten years of experience.
http://www.ico.gov.uk/upload/documents/library/corporate/research_and_reports/consultation_assessment_notices_code_of_practice_20120209.pdf
Michael Cole is a Solicitor Advocate and can be contacted at
michael.coyle@lawdit.co.uk or by telephone to 02380 235979
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
