In July 2019, the Information Commissioner’s Office (‘the ICO’) issued a Notice of Intent (‘a Notice of Intent’) on British Airways which set out its proposal to impose a fine of £183million for allegedly breaching the General Data Protection Regulations (‘GDPR’).

Tim Thompson of Kangs Solicitors outlines the power of the ICO when considering breaches of GDPR.

The ICO Powers | Kangs GDPR Solicitors

When investigating an alleged breach of GDPR, the ICO has a series of options available and may:

  1. issue a Notice of Intent informing the recipient that a fine could be levied,  
  2. issue a Monetary Penalty Notice notifying the recipient that a fine has been imposed,
  3. commence a criminal investigation and thereafter pursue a prosecution if appropriate, 
  4. issue warnings and reprimands,
  5. impose a temporary or permanent ban on data processing,
  6. order the rectification, restriction or erasure of data,
  7. suspend data transfers to third countries.

When considering the appropriate level of any financial penalty, the ICO will take into account:

  1. the nature, gravity and duration of the failure,
  2. the categories of personal data affected by the failure and
  3. whether the penalty would be effective, proportionate and dissuasive.

The British Airways Case | Kangs Solicitors GDPR Investigations Team  

  • During an investigation of British Airways for alleged GDPR breaches, it is reported that the ICO discovered that thousands of customers’ data had been compromised.
  • On 8th July 2019, the ICO issued a Notice of Intent notifying British Airways of the intention to issue a Monetary Penalty Notice in the sum of £183million calculated as being 1.5% of British Airways’ turnover for 2018.
  • The ICO is currently considering the representations and information provided by British Airways.

How Can We Help? | Kangs ICO Investigations Defence Solicitors

Kangs Solicitors fields a team of solicitors which represent clients, both individual and corporate, in respect of investigations and prosecutions initiated by the ICO.

Please visit our ICO webpage for further details.

Should you require any assistance, please contact our team through any of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888 | 07989 521210