A Heavy Price To Pay For Data Protection Breaches

Further to our e-update "500,000 Reasons for Data Controllers to be careful"(www.macroberts.com/content/content_991.html), the Ministry of Justice has published the outcome of its consultation into fixing a higher monetary penalty for serious breaches of the data protection principles under the Data Protection Act 1998.  It has concluded that there should be a maximum fine of £500,000, and it is expected that this provision will come into force on 6 April 2010.

The potential penalty can apply to data controllers found guilty of a serious contravention of the data protection principles, where substantial damage or distress was likely to be caused, and either:

• the contravention was deliberate, or