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Fines on the rise for data protection breaches


Since the power of the Information Commissioner’s Office (ICO) to impose fines for breaches of the Data Protection Act was increased in April 2010 to a maximum fine of £500,000 the ICO has imposed a number of substantial fines, writes Lance Terry of Glanvilles LLP.


The ICO has fined organisations in the public sector (local authorities and a police force), the private sector (an employment service company) and most recently a charity. It was reported recently that in a 12-month period the ICO had issued 15 fines making up some £1.8 million in total.


While it is the ICO’s practice to guide and assist organisations with data protection compliance and to act in a proportionate manner in exercising its powers, the ICO has demonstrated that


in appropriate circumstances it will impose a substantial fine for a breach of data protection law. When considering a financial penalty, the factors the ICO will take into account include: the seriousness of the breach, the likelihood of substantial distress or damage to the individuals whose personal data is in issue, whether the breach was deliberate or was something that the organisation knew or ought to have known about and, finally, what steps the organisation took to prevent the breach.


A common feature of several of the cases where the ICO has imposed a substantial fine is that the personal data had been removed from the premises of the organisation by an employee and thereafter the data had been lost or stolen.


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It is very clear that where there is personal data on a laptop, memory stick or other portable device which leaves the premises of the organisation, simple password protection is not enough. The data must be encrypted.


Organisations should ensure that staff are adequately trained as to compliance with the Data Protection Act, put in place clear policies and procedures for processing personal data (and ensure that these are being adhered to in practice), consider the risks in dealing with personal data (and take steps to guard against those risks) and be able to respond swiftly in the event of a breach so as to mitigate the effects thereof.


These measures are necessary for an organisation to demonstrate


Vail Williams recruits amid market-leading results


Property agent Vail Williams is bucking the economic gloom with new appointments, major clients and market-leading results in Hampshire.


The company, which has had offices in Southampton and Portsmouth for more than 40 years, is eyeing growth in its Solent region, particularly in planning, and was recently named by industry bible Estates Gazette among the busiest agents in the county.


For the year to October 2012, it ranked Vail Williams top in Hampshire both for the most deals secured to dispose of space (42), and also space acquired (17,553 sq ft).


Major clients have included University of Southampton Science Park, housing association Radian, industrial property company Segro, property fund manager Highcross and a number of the big banks.


Among those joining the 20-strong regional team is Ben


Christian (23), who has been recruited as a graduate planner for the Solent region as the company expands both regionally and nationally.


Christian, who lives in Southampton, previously worked as a planning assistant at Southampton City Council and in a similar role for house builder Foreman Homes. He has an MSc in town planning and a BSc (hons) in oceanography with physical geography.


Vail Williams associate David Ramsay added: “Ben’s appointment follows the Solent planning team’s consistent growth in what is still a challenging market.


“The team is providing planning advice for developments in excess of 1,000 residential units and 80,000 sq ft of commercial space together with a variety of strategic longer-term instructions.“


Details: www.vailwilliams.com


THE BUSINESS MAGAZINE – SOLENT & SOUTH CENTRAL – DECEMBER 12/JANUARY 13


that it has complied with the data protection principles, including the seventh principle which requires that it take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against its accidental loss or destruction.


Details: Lance Terry 01329-282841 l.terry@glanvilles.co.uk www.glanvilles.co.uk


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