ICO publishes new fining guidance

Further to the consultation carried out in 2023, the Information Commissioner’s Office (the ICO) has published new data protection fining guidance. This new guidance sets out how the ICO will make decisions when issuing penalties and calculating fines and replaces sections about penalty notices in the ICO Regulatory Action Policy (published in November 2018).

The guidance explains:

  • The Statutory Background, including how the ICO has the power to impose fines, the legal framework, factors it takes into account, maximum fines and so on; 
  • The circumstances around issuing a penalty notice including relevant mitigating or aggravating factors, and how the ICO approaches key questions
  • How the ICO calculates the fine including methodology.

Posted on 04/03/2024 by Ortolan

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