Ministry of Justice

Civil monetary penalties - setting the maximum penalty

Reference Number : CP48/09

Status: Closed - with response

Open date: 09 November 2009

Close date: 21 December 2009

Responses published: 12 January 2010

A consultation proposing to introduce a maximum civil monetary penalty for serious breaches of the Data Protection Act. This reflects the importance that the government places on safeguarding personal data effectively and processing it responsibly and lawfully.

The Information Commissioner's Office (ICO) will publish detailed guidance setting out the criteria it will use when serving a monetary penalty notice. The draft guidance is available on the ICO website

If you have any comments on the draft guidance, please email Cathy Devitt at the ICO.


Response

In total, 52 responses were received from individuals, organisations in the financial, legal and medical sectors, as well as local authorities and businesses. 

The majority of respondents were in favour of the government's proposal to set the maximum civil monetary penalty at £500,000.

This revised document replaces the one published on 12 January. One change has been made to the response paper, on page 16, the respondent listed as 'Forensicrisk' should have been listed as 'FRA Solutions Ltd'.