ICO issues draft guidance on fining

The ICO has issued draft guidance on fining for consultation.

The guidance explains:

  • the legal framework that gives the Information Commissioner the power to impose fines;
  • the circumstances in which the Information Commissioner would consider it appropriate to issue a penalty notice (considering the seriousness of the infringement, aggravating/mitigating factors, effectiveness, proportionality and dissuasiveness); and
  • how the Information Commissioner calculates the appropriate amount of the fine.

It will replace part of the current Regulatory Action Policy.

The guidance also includes an exploration of the concept of undertaking for the purposes of fining, the approach taken to multiple infringements and information on the effect of financial hardship.

A link to the guidance can be found here.


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