Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 29 SEPTEMBER 2021

Market Intelligence Thought Leadership Award Winner

How Does The Information Commissioner's Office Determine The Level Of Fine?

Shepherd and Wedderburn
Shepherd and Wedderburn
Contributor
Shepherd and Wedderburn

Shepherd and Wedderburn

We are an independent law firm, headquartered in Scotland, delivering high-quality legal advice and...

View firm profile
Explore more from Shepherd and Wedderburn

In October 2020 the ICO announced that it was issuing a Penalty Notice to British Airways, imposing a financial penalty of £20 million following a data breach that resulted in hackers obtaining the personal data of 400,000 BA customers.

United KingdomPrivacy
Ruairidh Leishman
Ruairidh Leishman
Author LinkedIn connections

In October 2020 the Information Commissioner's Office (the "ICO") announced that it was issuing a Penalty Notice to British Airways ("BA"), imposing a financial penalty of £20 million following a data breach that resulted in hackers obtaining the personal data of 400,000 BA customers. This was a significant reduction from the ICO's original intention to issue a fine of £183 million.

This article discusses the factors that the ICO considers in determining the appropriate level of any financial penalty, including any mitigating or aggravating factors, and what can be learnt from this case.

British Airways' data breach

As is now well-known, in June 2018, BA fell victim to a cyber-attack in which the attacker was thought to have accessed the personal data of approximately 429,612 customers and staff. The breach went undetected by the company for two months. In June 2019, the ICO issued a Notice of Intention to fine BA £183 million, equalling around 1.5% of BA's

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ten AI Giants, One Regulator And A Lesson For Everyone Else: What The ICO’s Foundation Model Report Really Tells Us

The UK's Information Commissioner's Office has completed its supervision of major AI foundation model developers, revealing significant gaps in data protection practices and setting new expectations for legitimate interests assessments, transparency, and special category data handling. The regulator has now turned its attention to agentic AI systems, warning that autonomy is not an excuse for poor compliance and launching a call for evidence that will shape future regulatory guidance.
United KingdomPrivacy
Burges Salmon LLP
Burges Salmon LLP
Article

To Fine Or Not To Fine: EDPB Confirms Default Position In GDPR Enforcement Should Be To Fine

The European Data Protection Board has published draft guidelines proposing a fundamental shift in GDPR enforcement: a presumption that fines should be imposed for non-minor infringements, with a deliberately low bar for establishing negligence. Organizations will need to demonstrate robust compliance programs and documented decision-making to potentially avoid penalties, as regulators move from asking "should we fine?" to "can we justify not fining?"
GlobalPrivacy
Crowell & Moring LLP
Crowell & Moring LLP
Article

ICO Cookie Crackdown 2.0: The ICO’s New Storage And Access Technologies Guidance

The UK Information Commissioner's Office has finalized its guidance on storage and access technologies, expanding compliance requirements beyond traditional cookies to include tracking pixels, device fingerprinting, and web storage. Organizations must now navigate stricter consent standards and three new narrow exceptions introduced by the Data (Use and Access) Act 2025, while facing significantly increased enforcement penalties of up to £17.5 million or 4% of annual worldwide turnover.
United KingdomPrivacy
ZwillGen
ZwillGen
Article

Private CCTV, Ring Doorbells And Police Investigations: Where Does UK GDPR Draw The Line?

Domestic surveillance technology has evolved from simple security cameras to sophisticated smart systems that may inadvertently create legal obligations for homeowners. When does a Ring doorbell or CCTV system transform an ordinary citizen into a data controller subject to UK GDPR, and what are the implications of millions of private cameras forming an unregulated surveillance network?
United KingdomPrivacy
HCR Law
HCR Law
Article

European Commission Press Release: EU AI Act Transparency Enforcement Starts This Sunday! Do You Know Who Your Chatbots Are? We Break Down The Commission’s Guidelines On Transparency Below

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.
GlobalPrivacy
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

Section 431 Elections – What Are They And What Are The Tax Benefits?

When employers grant restricted securities to employees, understanding section 431 elections can significantly impact tax liabilities for both parties. This article examines how these elections work, the strict 14-day filing deadline, and demonstrates through detailed calculations why choosing to make this election could save substantial amounts in income tax and national insurance contributions.
United KingdomTax
Shepherd and Wedderburn
Shepherd and Wedderburn
Article

FIFA World Cup 2026: Can English And Scottish Clubs Sign The Tournament’s Breakout Stars?

With the FIFA World Cup 2026 featuring a record 48 nations, clubs are eyeing emerging talent for summer transfers. However, standout performances alone don't guarantee that foreign players can sign with English or Scottish clubs—they must navigate complex visa requirements and governing body endorsement criteria. Understanding these regulatory pathways, from points-based assessments to discretionary exceptions, is just as crucial as identifying talent on the pitch.
GlobalImmigration
Shepherd and Wedderburn
Shepherd and Wedderburn