Monetary Penalties under the Data Protection Act 1998

It has been a long time coming, but finally the Information Commissioner is about to get fining powers to enforce the Data Protection Act 1998.  Not all the required orders and regulations required to bring the relevant sections of the Act into effect (ss. 55A to 55E) are in place, but yesterday two important steps were made.

The first was that maximum penalty has now been set: £500,000. (See Data Protection (Monetary Penalties)(Maximum Penalty and Notices) Regulations 2010).

The second was that certain procedural steps regarding the issue of a monetary penalty following a notice of intent have been prescribed. (See Data Protection (Montery Penalties) Order 2010).

Both these instruments are stated to come into force on the same date, which must be the intended date when monetary penalties will be brought into effect.  This date for your diary is:

6 April 2010

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