I have just read the Scottish Borders Tribunal Decision and the reasons why the Tribunal quashed the commissioner’s £250,000 Monetary Penalty Notice (MPN).
It seems clear from the judgment that the Tribunal thinks that the Information Commissioner should have served an Enforcement Notice.
The Tribunal has hinted that ICO should, even at this late stage, serve an Enforcement Notice and that Scottish Borders should accept it. The fact that the Tribunal’s Decision is designated to be “Preliminary Decision” means that the Tribunal is reserving its position; it could impose its own solution and clearly does not want Scottish Borders to be seen as being wholly innocent.
Unlike other commentators, I don’t think that the Tribunal’s reasoning in its Decision will result in much change to the ICO’s policy with respect of the use of Enforcement or Monetary Penalty Notices – except possibly he will take more care in deciding the appropriate enforcement mechanism.
SOURCE: theregister.co.uk
Most Commented Posts
2020 Cybersecurity Landscape: 100+ Experts’ Predictions
Cyber Security Predictions 2021: Experts’ Responses
Experts’ Responses: Cyber Security Predictions 2023
Celebrating Data Privacy Day – 28th January 2023
Data Privacy Protection Day (Thursday 28th) – Experts Comments
Most Active Commenters
Recent Comments
Chat systems such as Slack and Teams need to be…
“This is a sophisticated phishing scam that will catch out…
“Cybersecurity is increasingly complex, in part, due to the interconnected…
“Unfortunately, time and time again we see NGOs, hospitals and…
As I have always said - it is verified trust…