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How to complain to the Information Commissioner


News

Morrisons Supermarkets are breathing a sigh of relief since the Supreme Court ruling that they are not vicariously liable for a deliberate data breach by a disgruntled ex-employee which exposed personal data of almost 100,000 of its employees.  Vicarious liability is when an employer is held responsible for something done by an employee in the course of their employment. In WM Morrison Supermarkets plc v Various Claimants [2020] the Supreme Court considered the circumstances in which an employer is vicariously liable for the conduct of its employees and whether the Data Protection Act 1998 (DPA 1998) excluded vicarious liability for such  claims…..Read more

Requests for Information

Your request for information (subject access request), goes to your employer (the data controller). If your subject access request is not carried out properly or ignored, you have two options.

Powers of the ICO

The Information Commissioners Office (ICO) has several powers of enforcement under the Data Protection Act 2018 (DPA 2018). These powers rely on breaches being brought to the attention of the ICO.

  • Serve information notices requiring organisations to provide the Information Commissioner’s Office with specified information within a certain time period;
  • Issue undertakings committing an organisation to a particular course of action in order to improve its compliance;
  • Serve enforcement notices and ‘stop now’ orders where there has been a breach, requiring organisations to take (or refrain from taking) specified steps in order to ensure they comply with the law;
  • Conduct consensual assessments (audits) to check organisations are complying;
  • Serve assessment notices to conduct compulsory audits to assess whether organisations processing of personal data follows good practice (data protection only);
  • Issue monetary penalty notices.
  • Prosecute those who commit criminal offences under the Act; and
  • Report to Parliament on data protection issues of concern.

Updated: 07/04/2020

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