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04 December 2009 / Tom Morrison
Issue: 7396 / Categories: Opinion , Profession , Data protection
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The £500,000 question

The Ministry of Justice (MoJ) has launched a consultation proposing that the Information Commissioner’s Office (ICO) be given the power to impose civil monetary penalties—known as fines to everyone else—of up to £500,000. It is worth repeating just to make clear what we are talking about here: the ICO may get the power to issue fines of up to half a million pounds, without having to go to court.

The Ministry of Justice (MoJ) has launched a consultation proposing that the Information Commissioner’s Office (ICO) be given the power to impose civil monetary penalties—known as fines to everyone else—of up to £500,000.

It is worth repeating just to make clear what we are talking about here: the ICO may get the power to issue fines of up to half a million pounds, without having to go to court.

It does not seem too long ago that some businesses were asking their lawyers why they should take data protection seriously when the worst that could happen was that they could receive a fine of up to £5,000, or more likely a few hundred pounds,

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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