1. The Information Commissioner’s Office David Evans

2. Information Commissioner Christopher Graham Heads ICO Position is independent Regulator for: DPA FOIA PECR EIR

3. Mission The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

4. ICO’s role Enforce and regulate Provide information to individuals and organisations Adjudicate on complaints Promote good practice

5. Our performance c 212,134 – calls to our helpline c 2.29m – visits to our website Data protection 33,234 – data protection cases received 32,714 – data protection cases closed c334,000 – organisations notifying Freedom of information 3,734 – freedom of information cases received 4,196 – freedom of information cases closed

6. Data protection – what is it? Protection of your personal information

7. Definitions Data Personal data Sensitive personal data Data controller Data processor Data subject

8. The Principles THE PRINCIPLES 1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless- (a) at least one of the conditions in Schedule 2 is met, and (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met. 2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. 6. Personal data shall be processed in accordance with the rights of data subjects under this Act. 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. 8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

9. The seventh principle Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

10. Security breaches Currently no compulsion to report Criteria - Potential harm to data subjects - Volume of personal data - Sensitivity of the data

11. Reporting a breach Use online enquiry form or write Include - the type of information and number of records - the circumstances of the loss/release/corruption - action taken to minimise/mitigate effect on individuals involved and whether they’ve been informed

12. Reporting a breach (2) - details of how the breach is being investigated - whether any other regulatory body has been informed and their response - remedial action taken to prevent future occurrence - any other information you think you should tell us

13. What we’ll do Record the breach and take no further action, or Investigate the circumstances of the breach and any remedial action – could lead to - no further action - a requirement for the data controller to take a course of action to prevent further breaches - formal enforcement action compelling this

14. Publicity Not ICO responsibility Might recommend that a data controller makes the breach public Will publicise any formal action

15. Powers Enforcement - Not punishment - Legal notice compelling compliance - Appealable to First–tier Tribunal (Information Rights) - Non-compliance is a criminal offence

16. Powers (2) Monetary Penalty Notice New A formal notice requiring an organisation to pay a monetary penalty of an amount determined by the Information Commissioner which must not exceed £500,000 (Section 55A - E Data Protection Act 1998).

17. Powers (3) Prosecution - s55 – unlawful obtaining or disclosure - non-notification Undertakings

18. MPN – when it will be used Serious contraventions of DP principles - substantial damage and/or distress - deliberate contravention - knew or ought to have known Applies to data controller and not individuals How much?

19. David.Evans@ico.gsi.gov.uk 01625 545772

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