Data Protection | Prosecution for Ignoring Request | Kangs Regulatory Offences Defence Solicitors
Housing developer Magnacrest Ltd has been fined by Westminster Magistrates’ Court for failing to comply with an Enforcement Notice served by the Information Commissioner’s Office (‘ICO’).
Helen Holder of Kangs Solicitors outlines the events.
The Circumstances | Kangs Data Protection Advisory Team
- In April 2017 an individual submitted a subject access request, seeking details of all personal information being held.
- Magnacrest failed to provide the information within the legal timeframe of forty calendar days.
- Following a complaint by the individual to the ICO, it served an Enforcement Notice with which Magnacrest failed to comply.
- As the result of this failure, the ICO prosecuted the company under s. 47(1) of the Data Protection Act 1998.
- Having pleaded guilty to the offence, Magnacrest Ltd was fined £300, subjected to payment of a victim surcharge of £30 and ordered to pay the Prosecution’s costs amounting to £1,133.75.
- This prosecution was brought under the Data Protection Law of 1998, being the governing law at the time the offence was committed. The current law, the Data Protection Act 2018 has introduced a range of fines which are substantially higher.
Official Comment | Kangs Data Protection Advisory Solicitors
“The right to access your own personal information is a fundamental and long-standing principle of data protection law. New laws brought into effect last May strengthen those rights even further.
“Organisations not only have to respect this right but must also respect notices from the ICO enforcing the law. If they fail to do so then they must accept the consequences, which can include a criminal prosecution.”
How Can We Help? | Kangs Regulatory Offences Defence Solicitors
Our team ensures that each client is properly guided and fully advised throughout the whole investigation and prosecution process.
If you have been contacted by the Police or any authority in respect of allegations of any Regulatory or other matter, please contact us immediately through any of the following:
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