24 Nov 2010
The Information Commissioner's Office (ICO) has issued its first fines for breaches of the Data Protection Act.
The UK data watchdog levied fines totalling £160,000 against two organisations that had failed to protect sensitive information.
Hertfordshire County Council was fined £100,000 after faxing information about child abuse and care to the wrong recipients.
The council committed the offence twice in a two-week period, and in the first instance sent the documents to a member of the public. The council reported both breaches to the ICO.
"It is difficult to imagine information more sensitive than that relating to a child sex abuse case," said information commissioner Christopher Graham.
"I am concerned at this breach, not least because the local authority allowed it to happen twice within two weeks."
Employment services company A4e, meanwhile, was fined £60,000 after losing an unencrypted laptop containing the personal information of some 24,000 people who had sought legal advice in Hull and Leicester.
A4e reported the loss to the ICO, and contacted the people whose data may have been compromised.
"The laptop theft, while less shocking, also warranted nothing less than a monetary penalty as thousands of people's privacy was potentially compromised by the company's failure to take the simple step of encrypting the data," said Graham.
"These first monetary penalties send a strong message to all organisations handling personal information. Get it wrong and you do substantial harm to individuals and the reputation of your business. You could also be fined up to £500,000."
The ICO has been criticised in the past for the way it has handled data breaches, perhaps most notably in the Google Street View case, but has insisted that more fines are likely to follow.
"The power to fine has only been there since April. Many of the cases from before that date may have warranted fines, and more could follow in due course, " said a spokesman.
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The ICO flexes its muscles
As the ICO finally seems to be toughening up it raises questions about how the fines are applied. Whilst it is disappointing that Google could not be fined as the offence occured before the ICO could implement stronger penalties, to hear of local councils receiving large fines is also concerning for the public. A balance surely needs to be met, potentially basing the fine not only on the size of the breach, but also of the organisation at fault. It remains to be seen how much these fines will act as a deterrant.
Posted by: Juliette_msc 24 Nov 2010
A sad day for information security
Resorting to punitive measures, such as fines, represents a sad day in the history of information security. Alas, the repeated examples of lax corporate and public sector security awareness and compliance have made it an unfortunate necessity. The sizable fines the Information Commissioner?s Office can impose, as demonstrated in these cases, will hopefully deter organisations of all types from falling behind on data security. However, if past instances of data loss and theft teach us anything, it is that regulation alone will not solve the problem. Such measures must be aligned with an overall government effort to encourage and build a culture of security best practice and common sense, underpinned by solid technologies that can deliver the level of security required by law and be able to cope with emerging threats and the changing ways in which we work.
Posted by: Kurt Johnson, vice president of corporate strategy and development at Courion 24 Nov 2010
Government Departments exempt???
Are ministries exempt from this? The biggest security breaches have been by Government departments - Heads should roll.
Posted by: jagwar 24 Nov 2010